SCOTUS cases
-scotus gave power of judicial review to itself and struck down writ of mandamus
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-scotus gave itself power to review state laws (GA couldn't rescind bribe contracts)
Marbury v. Madison
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Fletcher vs peck
SCOTUS can be forced to hear cases by Congress
Request for Original Jurisdiction
-Avoiding a constitutional issue if the issue can be settled own non-constitutional grounds
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-Court will interpret a law in a way that makes it constitutional
Doctrine of Strict Neccesity
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Doctrine of Saving Construction
supercede SCOUTUS context by changing constitution
amendment
established district courts
Judiciary act of 1789
-virginia scotus refused to follow a federal law
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virginia scotus refused to follow a federal law again
Martin vs hunters
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Cohens vs virginia
Appellate court asks SCOTUS to establish precedent on an unresolved issue
Certification
- Laws are assumed to be constitutional until proved otherwise
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-Narrow interpretation to avoid broad constitutional implications
Presumption of Constitutionality
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Narrowness Doctrine
decide who's on the court
appointment power
what court of appeals judges would do before 1891
judges would "ride the circuit" and travel to district courts to hear cases 2x/yr
wether fed can regulate slavery in new states (ruled Missouri compromise deprived slaveowners of property rights)
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-SCOTUS issues blanket ruling that anyone tried w/o a lawyer gets a retrial
Scott vs. sanford
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Gideon vs ?
Cases the court inherently must address (e.g, state laws that violate federal laws)
Appeal of Right
-A person must have an actual injury to sue as opposed to just a theoretically possible injury, can't sue on someone's behalf
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Has the issue been resolved already (e.g, law has been repealed before challenge reaches SCOTUS)
standing
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Mootness
remove justices
impeachment and removal
OG circuits vs modern
1 circuit for each state + Maine and KY which were territories [og]
11 circuits + 1 for DC +1 for federal stuff (like companies) [now]
-established right to privacy and protected birth control access, established precedent for gay marriage and abortion
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-protected abortion
-griswald v. conneticut
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-roe v. wade
Case progresses to SCOTUS through federal appellate courts or from state supreme courts through appeals
Writ of Certiorari
Is this the right time to hear a case (law that has yet to be enforced cannot be challenged)
ripeness
limit ability
restrict jurisdiction
"En Bach"
-all Judges within a circuit hear an appeal instead of the normal 3
-rarely granted
-law yet to be enforced cant be challenged
poe vs. Ullman
A major political group (such as the NRA) grabs the attention of SCOTUS
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Recommendation by a certain government figure
Amicus Curiae
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US Solicitor General (not technically required but SCOTUS won't say no)
legal vs political
justiciability
refuse to enact
defund a program