Conlaw midterm

Legislative branch

Makes laws, taxes and spends money

Executive branch

Enforces the law, appoints the cabinet

Judicial branch

Interprets the law

Rule of 5

Number of justices necessary to overturn a lower court’s rulingRu

Rule of 4

Number of justices necessary to grant cert

Rule of 3

Number of justices needed to hold a case pending cert until another case is decided

Textual analysis interpretation

Only looks at document “4 corners”

Original meaning interpretation

Looks at the text and contemparous practices at the time of writing

Precedent interpretation

Relies on prior court decisions

Pragmatic interpretation

Considers the consequences of decisions while also protecting values that reflect current social/economic/policy considerations

Article III § 1

Creates SCOTUS and allows congress to create inferior federal courts

Article III § 2

Outlines the kind of cases the Judicial Branch can hear

Judicial Review

The power of fed courts to examine actions of the legislative, executive, and administrative branches of government and determine whether they are constitutional

Martin v. Hunter’s Lesse

Established fed judicial review for state court decisions

US v. Klein

Legislative branch may not impair/direct the judicial/executive branches’ powers

Standing

There must be a concrete injury

Injury has to be traceable to a particular D

Must be redressable

Ripeness

Claim must be properly developed before consideration

Mootness

The controversy must exist throughout the time of litigation

Advisory opinion

Non-binding formal interpretation of law issued by a court or legal authority regarding a hypothetical question, proposed legislation, or specific, non-adversarial factual situation

Political Question

Allegations that should be left to the political branches and not the judicial

Nixon v. US

Impeachment is political question

Goldwater v. Carter

Issues with treaties are political question

Zivotofsky v. Clinton

Israeli passport statute is not political question

1st amendment

Freedom of speech, religion, press, assembly, and petition

2nd amendment

Right to bear arms

3rd amendment

No quartering of soldiers

8th amendment

No cruel and unusual punishment

14th amendment

Citizenship rights and equal protection clause