Judicial Review, Federal Courts, and Constitutional Limits in U.S. Law

What is Judicial Review?

The authority of courts to assess whether actions taken by the other branches of government are consistent with the U.S. Constitution.

What triggers a Judicial Review?

Conflicts between a law or government action and the U.S. Constitution.

What is Horizontal Review?

When a federal court reviews the actions of another branch of the federal government, such as Congress or the President.

What foundational case established the principle of Judicial Review?

Marbury v. Madison.

What does the core principle from Marbury v. Madison state?

When a legislative act conflicts with the Constitution, the Constitution is the superior law and must control.

What is Vertical Review?

When a federal court, particularly the Supreme Court, reviews an action of a state or local government.

What case affirmed SCOTUS's appellate jurisdiction over state court decisions involving federal law?

Martin v. Hunter's Lessee.

What is the significance of Cooper v. Aaron?

It expanded the scope of Judicial Supremacy, making the Supreme Court's interpretation of the Constitution binding on all government actors.

What are common counter-arguments against Judicial Review?

Issues being non-justiciable political questions or state court decisions resting on adequate and independent state grounds.

What are the limitations on Judicial Power?

Judicial review is not absolute and is limited by the Constitution and doctrines of judicial self-restraint.

What is the Appointment Process for federal judges?

The President nominates federal judges, who must be confirmed by a majority vote in the Senate.

What is 'Jurisdiction Stripping'?

Congress's power to make exceptions and regulations to the Supreme Court's appellate jurisdiction.

What case demonstrated Congress's power to alter jurisdiction?

Ex Parte McCardle.

What are Justiciability Doctrines?

Court-created rules used to determine if a lawsuit is a genuine 'case or controversy' suitable for judicial resolution.

What is the Standing Doctrine?

A principle that determines who has the right to bring a lawsuit based on their connection to the injury.

What are the three elements of Injury-in-Fact?

1. Concrete and particularized; 2. Actual and imminent; 3. Not based on generalized grievances.

What is Causation in the context of standing?

The plaintiff's injury must be fairly traceable to the challenged actions of the defendant.

What does Redressability refer to?

It must be likely that a favorable court decision will redress the harm.

What is Prudential Standing?

Court-created rules that may be altered by Congress, including limitations on third-party standing.

What is the general rule regarding Third-Party Standing?

A plaintiff must assert their own legal rights and cannot sue based on the rights of others.

What is the Political Question Doctrine?

A doctrine that prevents courts from deciding issues that are better left to other branches of government.

What is the significance of the case Lujan v. Defenders of Wildlife?

It established that a plaintiff cannot sue based on a fear of future harm.

What is the narrow exception for taxpayer challenges in standing?

Taxpayer challenges to specific congressional spending that violates the Establishment Clause (Flast v. Cohen).

What limits does the Constitution place on Judicial Power?

The Constitution allows for impeachment of judges and amendments that can overrule Supreme Court decisions.

What is the role of Impeachment in limiting Judicial Power?

Federal judges can be impeached by the House and removed from office by the Senate for high crimes.

What does the Exceptions Clause in Article III state?

Congress has the power to make exceptions and regulations to the Supreme Court's appellate jurisdiction.

What is the relationship between Separation of Powers and Jurisdiction Stripping?

Congress cannot use jurisdiction-stripping to direct specific outcomes in cases or reverse final judgments.

What is an example of External Limits on Congress's jurisdiction-stripping power?

Stripping jurisdiction over cases based on race or religion would violate the Equal Protection component of the Fifth Amendment.

Under what conditions can a third party assert their rights through another plaintiff?

1. The third party is unable to assert their own rights effectively. 2. There is a 'special relationship' between the plaintiff and the third party. 3. An organization may sue on behalf of its members if specific criteria are met.

What are the common counter-arguments against Third-Party Standing?

1. The plaintiff fails one of the three constitutional minimums. 2. The plaintiff is asserting a non-justiciable 'generalized grievance.' 3. The plaintiff lacks standing to bring a claim on behalf of a third party.

What does Ripeness refer to in legal terms?

A plaintiff challenges a law before it has been enforced against them, seeking to prevent future harm.

What does Mootness refer to?

During litigation, the event that caused the lawsuit has passed, or the plaintiff's personal stake in the outcome has disappeared.

What factors are evaluated in Ripeness Analysis?

1. Fitness of the Issue: Is the issue purely legal and ready for a judicial decision? 2. Hardship to the Parties: What hardship would the plaintiff face if a decision is withheld?

What is the rule regarding Mootness?

A case is moot if the controversy is no longer 'live' and the court can no longer provide meaningful relief.

What is the exception to the rule of Mootness?

'Capable of repetition, yet evading review' applies if the duration of the challenged action is too short to be fully litigated and there is a reasonable expectation that the same party will be subject to the same action in the future.

What are the six factors from Baker v. Carr regarding the Political Question Doctrine?

1. Textual commitment to a political department. 2. Lack of judicially discoverable standards. 3. Impossibility of deciding without initial policy determination. 4. Lack of respect for coordinate branches. 5. Need for adherence to a political decision. 6. Potential embarrassment from multiple pronouncements.

What is the significance of Nixon v. United States in relation to the Political Question Doctrine?

It established that the Senate's procedures for trying an impeachment are a political question.

What does the Eleventh Amendment embody?

The principle of state sovereign immunity, protecting states from being sued in federal court by private individuals without their consent.

What is the general rule regarding lawsuits against states under the Eleventh Amendment?

The judicial power of the United States does not extend to suits against a state by citizens of another state or by foreign citizens.

Under what circumstances can a state be sued in federal court?

1. Waiver of sovereign immunity. 2. Congressional abrogation under the 14th Amendment. 3. Suits by the United States. 4. Suits against state officers for injunctive relief. 5. Bankruptcy laws. 6. Local governments are not protected.

What is the difference between the powers of the federal government and state governments?

The federal government has limited and enumerated powers, while states have broad 'police powers.'

What must Congress do for any action it takes?

Congress must be able to point to a specific power granted to it in the Constitution.

What is the Necessary and Proper Clause?

A clause that grants Congress the power to make laws necessary for executing its enumerated powers.

What does the Necessary and Proper Clause allow Congress to do?

It allows Congress flexibility in choosing means to achieve constitutional ends.

What is an example of a law passed under the Necessary and Proper Clause?

Creating a national bank to regulate commerce.

What is the test established in McCulloch v. Maryland?

A law is constitutional if the end is legitimate, the means are appropriate, not prohibited, and consistent with the Constitution.

How did Chief Justice Marshall interpret 'necessary' in the Necessary and Proper Clause?

He interpreted it to mean 'convenient' or 'expedient,' not absolutely essential.

What modern test does the Court apply to the Necessary and Proper Clause?

A rationally related test to determine if the means are related to carrying out an enumerated power.

What is the Commerce Clause?

A clause that gives Congress the power to regulate commerce among the states.

What are the three broad categories of activity Congress can regulate under the Commerce Clause?

Channels of interstate commerce, instrumentalities of interstate commerce, and local activities that substantially affect interstate commerce.

What is meant by 'channels of interstate commerce'?

Pathways through which commerce moves, such as roadways, waterways, and the internet.

What is the significance of the case United States v. Lopez?

It clarified the limits of Congress's power to regulate local activities under the Commerce Clause.

What is the Taxing Power?

The power of Congress to impose financial charges to raise revenue for the general welfare.

What criteria determine if a law is a tax or a penalty?

The amount of the tax, the scienter requirement, and the enforcing agency.

What was the ruling in NFIB v. Sebelius regarding the individual mandate?

It was upheld as a tax because it met the criteria of not being overly burdensome and collected by the IRS.

What does the Spending Power allow Congress to do?

It allows Congress to influence policy and induce behavior through financial incentives.

What is a common counter-argument against the Necessary and Proper Clause?

That the law is a mere pretext for achieving objectives not entrusted to the federal government.

What is a common counter-argument against the Commerce Clause?

That the regulated activity is purely local and does not have a substantial effect on interstate commerce.

What does the term 'jurisdictional nexus' refer to?

An explicit link in a statute that connects prohibited activity to interstate commerce.

What is the 'non-infinity principle' in the context of the Commerce Clause?

The requirement that the link between local activity and interstate commerce must not be overly attenuated.

What role does Congressional findings play in Commerce Clause cases?

They can strengthen the government's case but are not dispositive.

What is the impact of the Necessary and Proper Clause on federal powers?

It serves to execute powers already granted, particularly in regulating commerce.

What is the significance of the case NFIB v. Sebelius?

It addressed the limits of Congress's power to regulate under the Taxing Power and the Commerce Clause.

What does the term 'substantial effect' refer to in the context of the Commerce Clause?

The idea that local activities can be regulated if they have a significant impact on the national economy.

What is the relationship between the Necessary and Proper Clause and the Commerce Clause?

The Necessary and Proper Clause allows Congress to implement laws that facilitate the exercise of powers granted by the Commerce Clause.

What does 'general welfare' mean in the context of Congress's taxing power?

It refers to the broad authority of Congress to determine what constitutes the general welfare for taxation purposes.

What is a key factor in determining if a local activity can be regulated under the Commerce Clause?

Whether the activity is economic or commercial in nature.

What is the primary way Congress can influence state policies?

By offering federal funding with attached conditions.

What is the five-part test from South Dakota v. Dole used for?

To determine if a condition on federal funds is valid.

What must the spending by Congress be for, according to the General Welfare clause?

The spending must be for the 'general welfare.'

What does it mean for conditions to be 'unambiguous'?

Conditions must be stated clearly so states can make a knowing choice.

What is required for conditions to be considered 'related'?

Conditions must relate to the federal interest in the funded program.

What does 'No Constitutional Violation' imply in the context of federal funding conditions?

Conditions cannot induce states to engage in unconstitutional acts.

What does it mean for a condition to be 'not coercive'?

The financial inducement cannot pressure states into compliance.

What was the outcome of NFIB v. Sebelius regarding state funding?

The Court found threatening to revoke all Medicaid funding was unconstitutionally coercive.

What is the Anti-Commandeering Doctrine?

It prevents Congress from compelling states to enact or enforce federal laws.

What does commandeering state legislatures involve?

Congress cannot require state legislatures to pass specific laws.

What case established that Congress cannot require state legislatures to take title to property?

New York v. United States.

What does commandeering state executive officials refer to?

Congress cannot require state officials to enforce federal laws.

What was established in Printz v. United States?

A federal law could not require local sheriffs to conduct background checks.

What is a law of general applicability?

A federal law that applies equally to private actors and state governments.

What is conditional spending in the context of federalism?

Congress can encourage states to adopt federal programs by attaching conditions to funds.

What does preemption refer to in federal law?

Federal law will preempt conflicting state laws under the Supremacy Clause.

What is the Dormant Commerce Clause (DCCD)?

A judicial doctrine that limits state power to not discriminate against interstate commerce.

What triggers a DCCD analysis?

A state law that gives an economic advantage to in-state businesses over out-of-state competitors.

What is the first step in a DCCD analysis?

Determine if the state law is discriminatory.

What does 'facially discriminatory' mean?

The law treats out-of-state economic interests less favorably than in-state interests.

What is the standard of review if a law is found to be discriminatory?

Apply Strict Scrutiny.

What must a state prove under Strict Scrutiny?

The law serves a legitimate, non-protectionist purpose with no less discriminatory alternatives.

What is the Pike balancing test used for?

To evaluate non-discriminatory laws that still burden interstate commerce.

What is one exception that allows a discriminatory law to be saved?

Congressional Consent, where Congress authorizes states to regulate in a way that violates DCCD.

What is the Market Participant Exception?

The DCCD does not apply when the state acts as a participant in the market.

What case illustrates the Market Participant Exception?

Reeves v. Stake, where a state-owned university charged higher tuition to out-of-state students.

What is the Public Entity Exception?

A law that discriminates in favor of government-owned entities performing traditional government functions is not subject to strict scrutiny but must survive the Pike balancing test.

What are the three reasons the Court provides for the Public Entity Exception?

(1) Public entities are not motivated by economic protectionism, (2) waste disposal is a traditional government function, (3) the political process checks local costs.

What does the DCCD protect?

Interstate commerce.

What does the Privileges and Immunities Clause protect?

It prevents states from discriminating against citizens of other states regarding fundamental rights, especially the right to pursue a livelihood.

What triggers an analysis under the Privileges and Immunities Clause?

A state law discriminating against a natural person who is a citizen of another state concerning a fundamental right.

What must be evaluated if a DCCD claim is invalidated using the Market Participant Exception?

The facts under the Privileges and Immunities Clause.

What is the standard of review applied under the Privileges and Immunities Clause?

Intermediate scrutiny.