Con Law I - Judicial Power

Syracuse University College of Law - Professor Breen Spring 2026

Art. III, Sec. 2, Cl. 2 - Exceptions and Regulations Clause

This clause grants Congress the authority to make exceptions to the Supreme Court's appellate jurisdiction and to regulate the jurisdiction of lower federal courts.

Art. VI, Cl. 2 - Supremacy Clause

This clause establishes that the Constitution, along with federal laws made pursuant to it and treaties, is the supreme law of the land, superior to state laws.

Marbury v. Madison

1st case where SCOTUS found something Congress did unconstitutional; established power of judicial review + SCOTUS is final interpreter of the Constitution.

Cooper v. Aaron

SCOTUS decisions are binding on all states b/c Supremacy Cl. makes constitution supreme law of the land + Marbury made SCOTUS the final interpreter of it.

Martin v. Hunter’s Lessee

SCOTUS has appellate jx over constitutional decisions by state courts.

Cohens

SCOTUS has appellate jx over court decisions regarding claims arising under federal law.

Ex Parte McCardle

Pursuant to E & R Cl., Congress may limit a court’s jx to hear a case.

Ex Parte Yerger

Jx limits are to be construed narrowly.

US v. Klein

Congress’ power to limit court jx does NOT include prescribing rules of decision b/c that would violate SoP.

Robertson v. SAS

Not an impermissible “rule of decision” if statute “compelled changes in law, not findings or results under old law.”

Art. III, Sec. 2, Cl. 1 - Case or Controversy Requirement

Restricts federal judicial power to actual, concrete disputes between adverse parties, preventing courts from issuing advisory opinions.

28 USC 2201(a) - Declaratory Judgement Act

DJ’s are not AO’s b/c they have an actual case or controversy.

Muskrat

No case, no controversy = no power; federal cts will not issue AO’s.

Re: Advisory Opinions

Case must be actual dispute between adverse litigants seeking resolution of concrete dispute that can be finally resolved by federal cts; federal cts will not provide legal advice to other branches.

Lujan Elements

P must have suffered an:

1. injury in fact (invasion of legally-protected interest)

   1. Which is concrete & particularized

   2. AND actual or imminent (not conjecture or hypothetical)

And be able to demonstrate:

2. Causation (“fairly traceable”)

3. Redressability

Havens Realty

Standing can be provided by Congress through the deprivation of legislative rights which would create an injury.

Spokeo Concreteness Factors

1. Concrete does not mean tangible

2. Historical practice

3. Congressional judgement

4. Risk of concrete harm may be sufficient

TransUnion

Close historical or CL analogue for asserted injury.

FDA v. AHM

1. Cannot spend your way into an injury

2. No ideological injuries

3. Concrete means real, not abstract

Singleton

No 3rd-party standing w/ exceptions:

1. Ct examines relationship of litigant to the person whose right he seeks to enforce

2. And the ability of the 3rd party to assert their own right

Friends of the Earth

Deterrence is redress of injury so = remedy.

Mass v. EPA

Special solicitude for the quasi-sovereign powers of the states.

Defunis v. Odegaard

Federal cts are w/o the power to decide questions that can’t affect the rights of litigants before them.

Exceptions:

1. Voluntary cessation of allegedly illegal conduct (refers to behavior of D - did they stop the wrong to get rid of the suit)

2. Capable of repetition yet evading review (not about D’s conduct, it’s about the thing being litigated)