module 2 con law I

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Last updated 6:23 PM on 7/23/26
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28 Terms

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Article III, Section 1

Vests federal judicial power in one Supreme Court and inferior courts established by Congress.

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Judicial Review

The power of courts to review and invalidate government acts incompatible with the Constitution.

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Stare Decisis

The judicial principle of relying on prior cases to maintain consistency in the law.

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Judiciary Act of 1789

Established federal district and circuit courts, and defined the Supreme Court's initial composition.

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Federal Judicial Tenure

Life tenure during "good behavior" to protect judicial independence from political pressure.

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Compensation Clause

Prevents Congress from diminishing federal judges' salaries during their continuance in office.

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Original Jurisdiction

A court's power to hear a case first, acting as the trial court.

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Appellate Jurisdiction

The authority of a court to review decisions made by lower courts.

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Marbury v. Madison (1803) Issue

Whether the Supreme Court could issue a writ of mandamus under an unconstitutional statute.

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Writ of Mandamus

An order commanding a public official to perform a mandatory legal duty.

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Marbury v. Madison (1803) Holding

Established judicial review; Congress cannot expand the Supreme Court's original jurisdiction beyond Article III.

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Martin v. Hunter's Lessee (1816)

Established the Supreme Court's constitutional authority to review state court decisions involving federal law.

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Ex parte McCardle (1869)

Upheld the constitutional power of Congress to limit or alter the Supreme Court's appellate jurisdiction.

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Justiciability

The doctrine limiting federal courts to resolving actual "cases" and "controversies" under Article III.

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Advisory Opinions

Non-justiciable, hypothetical legal advice requested of the court by government officials; strictly prohibited.

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Collusive Suits

Suits dismissed because the parties lack an actual adversarial relationship and want the same outcome.

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Mootness

A doctrine requiring dismissal of a case because the active controversy has already been resolved.

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Ripeness

A doctrine barring cases where the injury is speculative and has not yet occurred.

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Political Question Doctrine

Bar on federal court review of issues textually committed by the Constitution to political branches.

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Baker v. Carr (1962)

Held that legislative apportionment challenges are justiciable and do not present non-justiciable political questions.

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Nixon v. United States (1993)

Held that Senate procedures for impeachment trials are non-justiciable political questions.

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Three Elements of Article III Standing

  1. Injury in fact
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  1. Causal connection (traceability)
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  1. Redressability
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Injury in Fact

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

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Lujan v. Defenders of Wildlife (1992)

Held that plaintiffs lacked standing because their future plans to observe wildlife were too speculative.

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Taxpayer Standing Rule

Generally denied because a taxpayer's grievance is a shared public concern, not a concrete personal injury.

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Flast v. Cohen (1968)

Established a narrow exception allowing taxpayer standing to challenge spending that violates the Establishment Clause.