Judicial Power and Justiciability Flashcards

Vocabulary-style flashcards covering key judicial power concepts, Supreme Court cases, and justiciability doctrines based on the lecture notes.

Judicial Review

The Supreme Court's right to interpret state and federal decisions as constitutional or unconstitutional, as established in Marbury v. Madison.

Marbury v. Madison

The landmark case establishing that the Supreme Court is the ultimate interpreter of the Constitution and has the authority to review laws and legislative acts.

Martin v. Hunter's Lessee

A case establishing that the Supreme Court can review state court decisions on issues of federal law and the Constitution to ensure uniform interpretation.

Cooper v. Aaron

A case holding that Supreme Court interpretations of the Constitution are the supreme Law of the Land and must be followed by state officers, even if they were not parties to the original case.

Writ of Mandamus

A legal remedy involving the compulsion of a government agent to fulfill a specific action.

Article III

The section of the U.S. Constitution that establishes the powers and jurisdiction of the judicial branch, extending power to all cases arising under the Constitution.

Article VI

The clause associated with Judicial Supremacy, stating that the Constitution and decisions of the Court interpreting it are the supreme Law of the Land.

Political Question Doctrine

A doctrine that limits federal courts from hearing issues either textually committed to another branch or beyond the competence of the judiciary to review.

Injury in Fact

An element of standing requiring an invasion of a legally protected interest that is concrete, particularized, and actual or imminent.

Causally Traceable

An element of standing requiring that the injury is fairly traceable to the challenged action and not the result of the independent action of a third party.

Redressability

An element of standing where a favorable court decision must be able to reduce or remedy the injury suffered by the plaintiff.

Ripeness

A justiciability doctrine requiring that a case has developed sufficiently to be a controversy, rather than being brought preemptively.

Mootness

A doctrine requiring that a case remain an active controversy throughout litigation; if the controversy is resolved, the case is no longer justiciable.

Advisory Opinion

An opinion provided by a court on proposed legislation or a legal question absence of an actual case or controversy, which is generally not allowed.

Declaratory Judgment

A binding adjudication of the rights and interests of parties under 28 USC 2201, which is permissible as long as there is an actual dispute between adverse parties.

Baker v. Carr

A case that established factors for identifying political questions and held that Equal Protection Clause challenges to reapportionment are justiciable.

Lujan Test

The three-part test for Article III standing requiring: (1) Injury in fact, (2) Causally traceable links, and (3) Redressability.

Nixon v. United States

A case holding that the Senate's power to try impeachments is a political question because of a textually demonstrable constitutional commitment to a coordinate branch.

Zivotofsky v. Clinton

A case holding that determining the constitutionality of a statute regarding passports is not a political question, as the judiciary is the final say on constitutional issues.

Rucho v. Common Cause

A case holding that partisan gerrymandering is a political question because there are no manageable standards for determining when district lines become too political.

Luther v. Borden

A case holding that challenges under the Guarantee Clause (Article IV) regarding a republican form of government are nonjusticiable political questions.

Muskrat v. US

A case reinforcing the requirement for adverse parties to establish a case or controversy; without adverse interest, the court cannot decide the question.

General Grievance

A harm suffered by all citizens rather than a specific personal injury, which is insufficient to establish standing (e.g., Allen v. Wright).

Capable of Repetition yet Evading Review

An exception to the mootness doctrine for cases where the injury could happen again but is too short in duration to be fully litigated (e.g., Roe v. Wade).

Voluntary Cessation

An exception to mootness where a defendant stops their challenged conduct after a suit is filed simply to eliminate the plaintiff's standing.