Judicial Review & Supreme Court Power
True or False — The Supreme Court has the power to declare an act of Congress unconstitutional.
True.
Note: This is the core of judicial review.
Answer the following question in traditional Jeopardy form:
This doctrine asks whether a court would be issuing a non-binding legal opinion.
What are advisory opinions?
MCQ: The political question doctrine refers to matters that are:
A) Barred by sovereign immunity
B) Inappropriate for judicial review and better left to the political branches
C) Outside federal subject-matter jurisdiction
D) Always about foreign affairs
B) Inappropriate for judicial review and left to the political branches, even when jurisdiction and justiciability are otherwise met.
True or False: Congress may act only with express or implied constitutional authority; states may act via reserved powers (including police powers) under the Tenth Amendment.
True.
Federal laws are valid if reasonably connected to any enumerated power.
Name that clause.
This clause gives Congress the power to regulate trade and economic activity that crosses state lines.
What is the Commerce Clause?
Under Article I, what power lets Congress collect taxes, duties, and excises?
The Taxing Power.
True or False? An actual controversy must exist at all stages of litigation.
True!
Which of the following best states the holding regarding §13 of the Judiciary Act of 1789?
A. It validly expanded the Supreme Court's original jurisdiction to include writs of mandamus.
B. It unconstitutionally expanded the Supreme Court's original jurisdiction beyond Article III §2 cl.2.
C. It validly expanded the Supreme Court's appellate jurisdiction only.
B. It unconstitutionally expanded the Supreme Court's original jurisdiction beyond Article III §2 cl.2.
Answer the following question in traditional Jeopardy form:
This doctrine asks whether the parties have a sufficient stake in the controversy.
What is standing?
This constitutional doctrine is triggered when a case involves factors such as a textually demonstrable commitment to another branch, lack of judicially manageable standards, initial policy determinations, or a risk of disrespect or conflicting pronouncements among the political branches.
What is the Political Question Doctrine?
True or False?
All congressional power derives solely from Article I, §8 and the Necessary & Proper Clause.
False. Congress also draws power from Article III (courts & SCOTUS appellate jurisdiction), the Civil War Amendments’ enforcement clauses, and inherent sovereign powers.
True or False?
Congress may regulate local intrastate activity when doing so is necessary to support or protect a broader national regulatory scheme.
True.
_________________________
Notes: Because regulating intrastate activity can be essential to prevent gaps that would undermine the effectiveness of a comprehensive federal economic regulatory scheme. *Especially when the activiy is economic and Congress is regulating the national market.
Congress’s ability to impose taxes comes from which clause of the Constitution?
A) Spending Clause
B) Taxing Clause
C) Commerce Clause
B) The Taxing Clause.
Which of the following best describes the "capable of repetition, yet evading review" exception?
A. Any issue that is controversial.
B. A recurring constitutional issue that inevitably becomes moot before review.
C. Any case involving minors.
B. A recurring constitutional issue that inevitably becomes moot before review.
True or False? Under the Article III “Exceptions and Regulations” Clause, Congress may validly limit the appellate jurisdiction of the Supreme Court.
True. Congress may make exceptions to and regulations of the Court's appellate jurisdiction.
This doctrine addresses whether the dispute is too early for judicial review.
What is ripeness?
This doctrine applies when the Constitution assigns the issue to another political branch.
Political Question Doctrine
Name that clause.
This clause authorizes Congress to make all laws that are useful, convenient, or appropriate for carrying out its enumerated powers, so long as those laws are rationally related to executing a constitutional authority.
What is the Necessary and Proper Clause.
🔍 = Article I, § 8, Clause 18 of the U.S. Constitution.
Note for fellow students:
🔍 = Where to locate it.
True or False — Congress acts within the Commerce Clause when regulating home-grown marijuana because of a rational basis.
True
True or False: Congress may attach conditions to federal funds given to the states.
True.
True or False?
A ∏'s individual claim becomes moot when the ∆'s settlement offer expires, even if class certification is pending.
False!
An expired settlement offer does not moot the individual claim; the claim remains alive while cert is considered.
Fill in the blank: The Supreme Court has ______ jurisdiction in cases involving ambassadors and states; all other cases are subject to ______ jurisdiction.
Original;
Appellate.
This doctrine concerns whether the dispute has become too late to decide.
What is mootness?
This doctrine arises when there are no judicially discoverable or manageable standards for deciding the case.
Political Question Doctrine
True or False:
All congressional power derives solely from Article I, §8 and the Necessary & Proper Clause.
False.
Congress also draws power from Article III (Courts & SCOTUS appellate jurisdiction), the Civil War Amendments’ enforcement clauses, and inherent sovereign powers.
Fill in the Blank — A Congressional ______ ______ is valid if rational basis exists showing food served in restaurants moves in commerce.
regulatory scheme.
Fill in the blank: Congress may use financial incentives to induce state participation in federal programs, but it cannot ______ states into compliance.
Coerce.
Fill in the blank.
A class representative must be given the chance to show _____ _____ is warranted.
(2 words)
class certification
True or False — Without lower federal courts, SCOTUS would still hear all federal questions through appellate jurisdiction.
False.
Without lower federal courts, the Supreme Court would be largely powerless to hear cases outside its original jurisdiction.
Mnemonic: "SCOTUS Can't Eat Everything". Without lower federal courts filtering cases, SCOTUS would choke on the workload - so the statement is FALSE.
(Visual: think of a funnel. No lower courts=no funnel=cases blast past them=impossible.)
This doctrine applies when an issue is inappropriate for judicial resolution due to a constitutional commitment to another branch or a lack of judicially manageable standards.
What is the political question doctrine?
A case requiring an initial policy determination of a non-judicial kind triggers what doctrine?
Political Question Doctrine.
Name that clause.
This clause allows a State like Arizona to use an independent redistricting commission rather than its legislature to draw congressional districts.
The Elections Clause.
The dominant purpose of the Elections Clause is to let Congress override state election rules, not to restrict how States enact them.
True or False? Hotels may be regulated under Title II due to substantial relation to national interest.
True.
_____________
Why? Because hotels serve interstate travelers, purchase goods from out-of-state, and operate within channels of interstate commerce, they have a substantial relation to national interests. Congress may therefore regulate them under Title II as part of protecting access to public accommodations affecting interstate commerce.
True or False: Congress may condition federal funds in a way that leaves states with no real choice but to comply.
False. Congress may induce but not coerce states when using the Spending Power.
True or False? If some named plaintiffs’ claims become moot in a class action, the entire suit must be dismissed.
False! The action may continue so long as other class members maintain a live controversy.
True or False?
State decisions resting on adequate and independent state grounds cannot be reviewed by SCOTUS.
True. Adequate and independent state grounds bar Supreme Court review.
True or False? A plaintiff must show a distinct and palpable injury, not a generalized grievance.
True.
Political Questions Doctrine.
Under what clause does Congress have complete authority to regulate commerce among the States and may regulate broadly as if no State governments existed when acting under this power.
What is the Commerce Clause.
What Dormant Commerce Clause rule permits a state to favor its own citizens when it enters the marketplace as a participant rather than acting as a regulator?
The market participant exception.
Under the Spending Clause, what must Congress do to ensure states understand the terms of federal funding?
Answer starter: Congress must make funding conditions _____.
(1 word)
Unambiguous.
When harm is substantial, immediate, and irreparable,the claim is ripe for _______. (One word.)
Injunction!
The claim is ripe for injunction.
Remember: A federal court may issue an injunction only if the ∏ demonstrates (1) a likelihood of success on the merits, (2) irreparable harm absent the injunction, (3) that the balance of equities tips in their favor, and (4) that the injunction serves the public interest.
Because injunctions require ongoing judicial supervision, they are available only when the underlying dispute satisfies Article III requirements of standing, ripeness, and non-mootness, and does not raise a political question.
Fill in the blank:
The Cases or Controversies Clause is located in Article ___, Section ___, Clause ___.
Article III, Section 2, Clause 1.
What are the three constitutional elements of standing?
Injury in fact;
causation;
redressability.
True or False?
Impeachment issues are non-justiciable political questions, barring judicial review.
True!
Impeachment is a legislative check; judicial review would disrupt checks and balances.
May the force be with. . . Congress or the States?
Under the modern Commerce Clause doctrine, who may regulate:
(1) the channels of interstate commerce,
(2) the instrumentalities of interstate commerce and persons or things in interstate commerce, and
(3) activities having a substantial relation to interstate commerce.
Congress.
The Court has held that Congress may regulate through the commerce power:
1. The use of the channels of interstate commerce;
2. The instrumentalities of interstate commerce or persons or things in interstate commerce;
3. Activities having a substantial relation to interstate commerce.
The _____ _____ exception applies when a state acts like a private business, purchasing, selling, or operating facilities, rather than regulating others?
market participant
What requirement ensures that states agree to federal funding programs of their own free will?
Answer starter:
States must ______ and _____ participate in the program.
(2 words)
knowingly and voluntarily
When is a claim ripe for injunction?
When harm is ______, _______, and _____.
(3 words.)
When harm is substantial, immediate, and irreparable.
MCQ: If a state court issues a decision on two alternative grounds: one federal and one state law, the Supreme Court:
A. May review the federal ground for error.
B. Lacks jurisdiction to inquire into the correctness of the federal ruling.
C. Must remand to clarify the state ground.
D. Automatically reviews both grounds.
B. Lacks jurisdiction to inquire into the correctness of the federal ruling.
True or False? A mere statutory violation alone (without concrete and particularized harm) is sufficient to establish injury in fact.
False. A mere violation alone does not satisfy concreteness.
Can a federal judge seek judicial review of impeachment? Yes or No.
No.
***Follow-up question is next - proceed to PQ&I for 900!***
True or False + Bonus Question:
Congress may regulate local economic activity when, in the aggregate, it substantially affects interstate commerce.
Why? (Hint: Don't overthink it.)
True.
Why? Because aggregated economic conduct can have a substantial effect on interstate commerce.
_________________________
[Context: Aggregated economic conduct means taking many small, local economic actions and evaluating their combined impact rather than looking at each one in isolation. When these individual actions are added together, they can meaningfully influence supply, demand, or the functioning of a national market. Because that combined impact can alter interstate commerce, Congress may regulate the activity under the Commerce Clause.]
True or False:
Under the Congressional authorization exception, if Congress clearly authorizes state action that would otherwise violate the Dormant Commerce Clause, states may enact and enforce that legislation because the Commerce Clause is no longer "dormant" in that area.
True.
__________
When could this come up? When state tax or regulatory schemes burden interstate commerce but are explicitly permitted by federal statute.
Case: Western & Southern Life Ins. Co. v. State Board of Equalization; Dormant Commerce Clause overviews explaining the congressional‑approval exception.
True or False: Congress may attach spending conditions that violate equal-protection principles.
False. Spending conditions cannot violate the Equal Protection component of the Fifth Amendment.
True or False? A credible threat of enforcement can satisfy ripeness; courts need not wait for the occurrence or non-occurence of future events.
True. A credible enforcement threat supports ripeness.
Fill in the blank:
In a Takings Clause, ripeness is satisfied when it is clear how the ______ would apply the ______.
Government;
regulations.
Political Question Doctrine.
True or False? Under the Tenth Amendment, Congress may require states to enact and enforce a federal regulatory program so long as the program addresses a matter of national concern.
False. Under the Tenth Amendment, Congress cannot require states to enact or enforce a federal regulatory program.
True or False? As a prerequisite to injunctive relief in federal court, a claim must be ripe.
True. Courts avoid premature adjudication and require ripeness before issuing injunctive relief.
Fill in the blank:
Article II, §4 provides that the President, VP and all civil officers may be removed on impeachment for and conviction of _____, _____, or other high crimes.
Hint: types of crimes.
Treason, bribery
Multiple Choice:
Which of the following is NOT barred by the Eleventh Amendment?
A. A damages suit in federal court by a private citizen against a State.
B. A suit in federal court for prospective injunctive relief against State officials in their official capacities for violations of federal law.
C. A damages suit in federal court against a State agency under the Commerce Clause.
D. A damages suit in federal court against a State brought by a citizen of another State.
B. A suit in federal court for prospective injunctive relief against State officials in their official capacities for violations of federal law.
_________________
The 11th Amendment bars, damages, suits against states in federal court, whether brought by their own citizens or citizens of another state. However, under Ex Parte Young and the Stripping Doctrine, it does not bar suits seeking declaratory or prospective injunctive relief in federal court against state officials and their official capacities for alleged violations of federal law.