U.S. Federal Courts: Judicial Review, Jurisdiction & Key Cases

Amendment 11

Prohibits federal courts from hearing cases in which a state is sued by an individual from another state or a foreign country

Amendment 12

Amends the procedure for electing the president and vice president by requiring electors to cast separate ballots for each office

Amicus curiae brief

A brief arguing one side or another in a case filed by a third party rather than one of the involved parties

Article 1 courts

Federal courts established by Congress with limited subject matter jurisdiction where judges lack Article 3 protections

Case or controversy

Article 3 requirement that the Court hear only actual legal disputes which leads to doctrines of standing ripeness and mootness

Cohens v. Virginia (1821)

Marshall Court decision holding that the Supreme Court has the power to review state criminal court decisions to strengthen national government

Concurrence

An opinion that agrees with the majority opinion but either disagrees with the reasoning or highlights particular elements

Regular concurrence

Agrees with the outcome and reasoning of majority opinion but highlights or clarifies elements of the reasoning

Special concurrence

Agrees with the outcome of a majority opinion but disagrees with the reasoning

Constitutional Avoidance Doctrine

A legal doctrine instructing judges to interpret the Constitution only when necessary

Council of Revision

Madison's proposal for a council of the president and federal judiciary to review laws for constitutionality

Dissenting opinion

An appellate opinion that disagrees with the reasoning and outcome of the majority or plurality opinion

Distinguish

To explain how cases differ from each other to justify why rulings may be different

Docket

The agenda or schedule of cases a court has agreed to hear or has heard

Exceptions clause

Article 3 provision allowing Congress to make appellate review discretionary and limit cases the Supreme Court can hear

Good behavior clause

Article 3 provision stating that federal judges hold their terms under good behavior

Impeachment

House procedure to determine if evidence exists for a Senate trial to remove an official from office

Inherent powers

Powers courts enjoy as a function of their existence rather than based in law or constitutional provisions

Judicial independence

The ability of judges to make decisions based on law and facts without undue influence from other branches or popular majorities

Judicial restraint

Deference to elected bodies particularly legislatures because the legitimacy and power of government resides in the people

Judicial review

The power of the courts to interpret the Constitution and determine whether a law or act is constitutional

Judiciary Act of 1789

Established lower federal courts and outlined federal court jurisdiction

Jurisdiction

The subset of all cases which includes the type or location of cases a court has the authority to hear

Original jurisdiction

The legal authority of a court to hear a case for the first time without it being heard by lower courts

Appellate jurisdiction

The Court's authority over all cases not under original jurisdiction which Congress can limit via the exceptions clause

Jurisprudence

The theory or philosophy of law or a body of law

Legal Constitutionalism

Theory that the judiciary has the authority to interpret the Constitution rather than the people

Madisonian Compromise

Settled debate in Constitutional Convention by giving Congress power to establish lower federal courts without requiring it

Majority opinion

Sets forth the opinion of the court with more than half of the judges agreeing with or signing on to it

Marbury v. Madison (1803)

Established judicial review by holding that Congress could not add to the original jurisdiction of the Supreme Court

Marks rule

When there is a plurality the opinion of the Justices that agree on the most narrow standard is the official opinion

Martin v. Hunter's Lessee (1816)

Held that federal courts have the power to review state court decisions that interpret federal law or the Constitution

Midnight Judges Act

Passed by outgoing Federalist Congress in 1801 to establish new judgeships and stack courts with Federalists

Per curiam

An unsigned opinion meaning by the court as a whole

Per seriatim

Means consecutively where judges give opinions individually

Plurality opinion

An appellate opinion that received the greatest number of votes without enough judges to constitute a majority

Popular constitutionalism

Theory that the people have the authority to actively interpret and enforce constitutional law

Remand

To return a case to the designated court often with guidelines for deciding the case

Repeal Act

Passed in 1801 by Jeffersonian Congress to repeal judgeships established by the Midnight Judges Act

Riding circuit

Requirement during the 18th and 19th centuries that Justices travel to locations of lower courts to sit on them

Ripeness

Doctrine stating a case is ready for adjudication when facts are ready and the case concerns a purely legal issue

Rule of four

Court norm requiring that four Justices agree to hear a case

Standing

The right of a party to bring a lawsuit by demonstrating a sufficient connection to and harm from the challenged law

Stare decisis

Legal doctrine requiring courts to follow principles established in previous cases to promote stability in law

Stuart v. Laird (1803)

Upheld the Repeal Act but became less historically significant than Marbury v. Madison

Vesting Clause

Beginning of Article 3 providing that all judicial power is vested in the federal courts

Writ of certiorari

A legal process allowing a party to request that the Supreme Court review a lower court's decision

Barron v. Baltimore (1833)

Held that the Bill of Rights does not protect against state actions establishing no incorporation

Slaughter-House Cases (1873)

Eviscerated the Privileges or Immunities Clause by holding it did not incorporate the Bill of Rights and established dual citizenship

Chicago Burlington and Quincy RR v. Chicago (1897)

Established a substantive due process right to fair compensation under the 14th Amendment

Hurtado v. California (1884)

Held there is no incorporation of the 5th Amendment grand jury protection against the states

Twining v. New Jersey (1908)

Held no incorporation of 5th Amendment protection against self-incrimination but allowed Due Process might incorporate some rights

Gitlow v. New York (1925)

First clear-cut case to incorporate free speech rights but upheld conviction using bad tendency test

Palko v. Connecticut (1937)

Refused to incorporate 5th Amendment double jeopardy protection because it was not essential to ordered liberty

Adamson v. California (1947)

Reaffirmed no incorporation of 5th Amendment protection against self-incrimination sparking debate over selective incorporation

Wolf v. Colorado (1949)

Incorporated 4th Amendment protection against unreasonable search and seizure but did not incorporate exclusionary rule

McDonald v. Chicago (2010)

Incorporated the 2nd Amendment individual right to armed self-defense against the states

Timbs v. Indiana (2019)

Incorporated the 8th Amendment protection against excessive fines as a fundamental right

Ramos v. Louisiana (2020)

Incorporated the 6th Amendment rule requiring unanimous juries for criminal convictions

Privileges or immunities clause

Likely intended to incorporate the Bill of Rights to states but was interpreted very narrowly in the Slaughter-House Cases

Due Process clause of 14th Amendment

The mechanism for selective incorporation protecting fundamental rights regarding life liberty or property

In this type of concurrence a Justice agrees with the outcome but not with the reasoning

special concurrence

The Justices agree to hear most cases by granting a

writ of certiorari

In Marbury v. Madison a provision of which federal law was overturned?

The Judiciary Act of 1789

The standing doctrine

requires that the parties to a suit have a concrete stake in the case.

Marbury v. Madison (1803) Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821) were all part of Marshall's program to strengthen the national government and specifically the federal courts.

True

The outcome of Stuart v. Laird (1803) is dubious because of the

Good Behavior Clause

In this case the Court held that state citizens could sue another state in federal court.

Chisholm v. Georgia (1793)

Which two Article III clauses most clearly protect judicial independence? (PICK TWO)

Good Behavior and Compensation

All federal courts operate by the Good Behavior and Compensation Clauses.

False

Which of the following is true about Marbury v. Madison (1803)?

The Court held that Congress could not add to the original jurisdiction of the Court.

A list of cases that the Court will hear is called the

docket

Marbury v. Madison (1803) was only the first of many cases in which the Marshall Court overturned federal law.

False

A per curiam opinion is by definition

unsigned

The ripeness doctrine

requires that enough information is present regarding the facts effects on stakeholders etc. to decide a case.

When the Court decides whether a law can go into effect while litigation is pending the case is said to come to the Court on the

shadow docket

This Amendment created the presidential election system we have today in which the Vice-President and President run as teams and the likelihood of ties is minimized.

Twelfth (XII)

In Article III of the Constitution

Congress is explicitly given the power to limit the appellate jurisdiction of the Court.

A dispute between two states over water boundaries would fall under the appellate jurisdiction of the Supreme Court.

False

Which of the following was NOT a response Congress made to either the Federalist court-packing or the Marbury v. Madison decision?

They impeached John Marshall.

Which of the following is true about Cohens v. Virginia (1821)?

It reflected the Federalist viewpoint of John Marshall by strengthening the power of the federal courts.

Marbury v. Madison was the only case during the 1803 term with potentially major political and institutional complications.

False

Constitutional avoidance doctrine is the doctrine that courts should interpret the Constitution whenever possible

False

The mootness doctrine

requires that a suit be "live"--that is not settled by other means.

The doctrine of stare decisis

requires judges to (all other things equal) rule on precedent.

Here are the questions and correct answers from Quiz 2

formatted for easy import into Quizlet without internal commas:

"The judicial Power of the United States shall be ________ in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish."

vested

Barron v. Baltimore (1833) was (in part) overturned by

Gitlow v. New York (1925)

In Palko v. CT Cardozo based his decision on

the principle that only fundamental rights were protected by the Due Process Clause

In Slaughter-House the Court held (PICK TWO)

Individuals were citizens of (separately) their national and their state governments AND States were prohibited only from violating a handful of rights present in the main body of the Constitution.

In which case did the Court decline to incorporate a right?

Palko v. Connecticut (1937) (double jeopardy)

Which of the following 20th century Justices was the most reluctant to incorporate rights in the Bill of Rights?

Frankfurter

The protection of fundamental rights is a form of

Substantive due process

In this case the right to bear arms was extended to protect individuals from state action in

McDonald v. Chicago

What Supreme Court case ruled that Constitutional rights only applied to the federal government?

Barron v. Baltimore

Which case was the first clear-cut case of incorporation?

Gitlow v. New York

Which of the following currently serving Justices is most associated with the argument that incorporation should be based on the Privileges or Immunities Clause?

Justice Thomas

Which of the following clauses of the 14th Amendment did Slaughter-House interpret very very narrowly by referring to dual or double citizenship?

Privileges or Immunities Clause

Which of the following is true?

Basing incorporation on the privileges or immunities clause would protect (only) citizens.

Which of the following rights has not been incorporated?

5th Amendment's grand jury protection.