General
Article III
Congressional Limit on the Judicial Branch
Exceptions & Regulations Clause. Refers to the ability of Congress to restrict Supreme Court jurisdiction.
Prohibition Against Advisory Opinions
Refers to the requirement that there be a live case or controversy at all stages of the litigation. The SC will not issue advisory opinions -maintaining that actions before them require the key elements of an adversarial proceeding.
Article III as Ceiling/Floor to Supreme Court Jurisdiction.
Article III: Exceptions & Regulations Clause
The Supreme Court shall have appellate jurisdiction, as to both questions of law and fact, with such exceptions and regulations as Congress shall make proper.
Standing
Constitutional:
- Injury (An injury in fact, or imminent injury that is not too speculative).
- Causation (Fairly traceable injury to the action).
- Redress (Favorable Court decision likely to redress harm).
Prudential - Can be overturned by Congress
- Third party plaintiff rule
-Taxpayer/Citizen grievance common to all
Judicial Review
The Supreme Court's power to interpret laws and determine whether they are Constitutional. The Supreme Court inferred this power in determining that a Congressional Act was unconstitutional as expanding the Court's original jurisdiction.
Three Arguments re Exceptions & Regulations Clause - Can Congress limit the Jurisdiction of the Supreme Court?
A1: They are limited to removing jurisdiction over findings of fact.
A2: They have the power to limit but it can not violate the Constitution.
A3: They have broad power to limit as a check on the Judiciary power.
Ripeness
Is concerned with determining whether an injury is too premature or speculative for adjudication. Focuses in on when a party can seek pre-enforcement:
1. The fitness of the issue for judicial decision.
2. Evaluate the hardship of withholding court consideration.
Interpretive Limits of the Constitution - Ideology
Raises the question of how the Constitution should be interpreted. There are two main arguments that speak to methodology which Judges consider in deciding issues.
Prudential Standing
Standing Requirements not Rooted in the Constitution that Congress can overturn.
- Third Party Plaintiff's
-Common grievance to all tax payers/citizens.
Mootness
- Voluntary Cessation
-Wrongs Evading Review but Capable of Repetition
-Properly Certified Class Actions
Interpretive Limits - 2 Main Arguments
Originalism: The Court protects rights only if they are clearly in the text or the meaning of the Constitution was protect them. It can only be changed by Amendment.
Non-Originalism: The Constitution should change by interpretation and not just amendment, Courts should consider norms and allow it change with society.
Political Question Doctrine
The Federal Courts wont hear cases that aren't fit for judicial considerations. Factors:
1. Textual commitment of issue to another branch.
2. Lack of judicially discoverable information.
3. Need to adhere to prior policy determinations.
4. Need for additional policy determinations
5. Potential embarrassment by different decisions from other branches.
6. Inability to afford due respect to other branches.