Article 3 - Federal Judiciary Terms

Federal Judiciary:

They have the power to decide enumerated cases and controversies.

3 dates we need to know: 

• 1789: Original Constitution was ratified  

• 1791: Bill of Rights (First 10 of Constitution) 

• 1868: 14th Amendment ratified <- explicitly targets States

Federal judges

Federal judges in the United States are made for life and are not subject to election or to term limits. 

• Can’t be fired, only impeached.

5 Limits on Judicial Power

5 Limits on Judicial Power

• Advisory opinions

• Avoid political questions

• Must have standing (is there a case or controversy?)

• Cannot be moot (do we still have a case or controversy?)

• Must be ripe (is there a case or controversy yet/now?)

MOOTNESS

A case or controversy must exist through all stages of federal judicial proceedings, not just when the lawsuit is filed or when review is granted by the appellate court. The dispute must contain “live” issues.

Usual reasons for Mootness:

• Changes in the status of the parties

• Change in law

• Party acts in such a way that controversy no longer exists

Exceptions to Mootness Doctrine

Exceptions to Mootness Doctrine

• Conduct capable of repetition, yet evading review

• Voluntary Cessation

• Class Action Lawsuits

• Possibility of collateral legal consequences

Writ of Mandamus:

A writ of mandamus is issued when a public officer fails to perform a duty that is required by law. This duty must be ministerial in nature, meaning it does not involve discretion or judgment—it is a straightforward obligation that the officer is legally required to carry out.

Federal Supreme Court and Circuit Court

Who’s bound by the federal Supreme Court? - All state actors in the United States.

Who’s bound by the Circuit Court? - All the lower circuit courts.

Are the circuits bound by each other? - No, but they’re bound by their own circuit. (We have 13 of them)

RIPENESS - Plaintiff must have suffered actual injury or harm. This is basically asking the question: Is there a case or controversy yet/now?

Plaintiff must have suffered actual injury or harm. This is basically asking the question: Is there a case or controversy yet/now?

If a case isn’t ripe, then an opinion of the court becomes an advisory opinion, which is another limit on their power.

Two main parts to ripeness:

• Hardship will occur to the party if the court does not accept and decide the case.

• “The fitness of the issues for judicial decision”