Con Law Ch. 1

When were the Declaration of Independence, the Constitution, and the Bill of Rights enacted?

Declaration of Independence – 1776; Constitution written – 1787; ratified – 1789; Bill of Rights added – 1791.

What were the Articles of Confederation, and why were they replaced?

Early unifying framework for states; coordinated foreign/domestic policy but states remained sovereign; replaced for a stronger federal government.

What are the three branches of government under the Constitution?

Legislative (Article I), Executive (Article II), Judicial (Article III).

What is “original jurisdiction”?

Cases begin in the court that has a constitutional right to decide it; Supreme Court original jurisdiction includes ambassadors, public ministers, and states as parties (Art. III, §2(2)).

What is structuralism in constitutional interpretation?

Understanding the Constitution by how its pieces fit together to form a structure of government rather than focusing only on text.

What is the significance of Marbury v. Madison (1803)?

Established judicial review; Supreme Court can declare acts of Congress unconstitutional.

Why did the Supreme Court deny Marbury’s request for mandamus?

Section 13 of the Judiciary Act of 1789 was unconstitutional; original jurisdiction of the Supreme Court cannot be expanded by Congress.

What is a writ of mandamus?

A court order compelling a public official to perform a mandatory duty.

What happened in Martin v. Hunter’s Lessee (1816)?

Supreme Court asserted authority to review state court decisions interpreting federal law or Constitution; federal law and court decisions are supreme.

What is the Supremacy Clause?

Article 6: Constitution, federal laws, treaties, and federal court decisions override conflicting state laws and state court interpretations.

What principle allows the Supreme Court to strike down congressional acts?

Judicial review – power to declare acts of Congress unconstitutional, ensuring the Constitution prevails.

What are the two types of jurisdiction for the Supreme Court?

Original and general (appellate) jurisdiction

What cases fall under the Supreme Court’s original jurisdiction?

Ambassadors, public ministers, and states as parties

Which clause makes Supreme Court decisions binding on the states?

Supremacy Clause (Article 6)

Which article of the Constitution covers the judicial branch?

Article III

Can Congress expand the Supreme Court’s jurisdiction?

No (Marbury v. Madison)

What are the three elements of standing?

Injury in fact, causation, redressability

What types of cases can federal courts decide?

Only actual cases or controversies

What can federal courts not do under Article III, §2?

Issue advisory opinions, decide political questions, hear cases without standing, decide moot or premature issues

What is the purpose of the case or controversy requirement?

1) Promote judicial restraint
2) Ensure constitutional issues are decided in concrete disputes
3) Protect individual autonomy

What are the “passive virtues”?

Court inaction that balances electoral accountability and principled governance

Why are passive virtues important?

Prevent courts from overstepping and undermining democratic accountability

Name the five doctrines of justiciability.

Advisory opinion, standing, mootness, ripeness, political question

What is an advisory opinion?

Court cannot give constitutional advice absent a live dispute

What is mootness?

Case must involve a live controversy; cannot be resolved already or become irrelevant

What is ripeness?

Issue must be ready for review; not premature

What is the political question doctrine?

Courts avoid issues constitutionally committed to other branches

What constitutes “injury in fact”?

Actual or imminent, concrete, particularized harm

What constitutes “causation” in standing?

Harm must be caused by the defendant’s actions

What constitutes “redressability” in standing?

Court must be able to remedy the harm

Who bears the burden of proving standing?

The plaintiff

What is procedural standing?

Creates a cause of action through causation and redressability but does not create injury

What is the three-part test for Article III standing?

1. Injury in fact (concrete, particularized, actual or imminent)
2. Causation (fairly traceable to defendant’s action)
3. Redressability (likely that a favorable ruling will remedy the injury)

What did Lujan v. Defenders of Wildlife say about procedural injuries under citizen-suit provisions?

Lujan v. Defenders of Wildlife established that generalized grievances without concrete, particularized injury do not confer standing. Procedural injuries only confer standing if they protect a separate, concrete interest.

What does “partial redressability” mean in the context of standing?

Even if a court’s remedy doesn’t fully solve the harm, partial reduction of injury can satisfy the redressability requirement (Massachusetts v. EPA).

In Massachusetts v. EPA, why did the Supreme Court find standing for the state?

Massachusetts showed concrete and particularized injury (coastal land loss), causation (EPA failure to regulate contributed), and redressability (regulation could help mitigate harm). States get “special solicitude” in standing analysis.

Why did the Supreme Court reverse the Court of Appeals in Clapper v. Amnesty International?

Threatened injury must be certainly impending; plaintiffs’ claims were speculative, dependent on multiple contingencies, and costs incurred to prevent hypothetical harm cannot create standing.

What principle links all three cases regarding justiciability?

Federal courts can only hear actual cases or controversies. Courts cannot decide hypothetical, abstract, or generalized claims; there must be concrete injury, causation, and redressability.

What special consideration do states receive when establishing standing?

States are given “special solicitude” and need only show partial redressability and concrete, particularized injury (Massachusetts v. EPA).

What are prudential requirements for standing?

1. Injury must fall within the zone of interests protected by the law.
2. Injury must not be generalized (shared by almost all citizens).

What are political questions?

Issues where the Constitution provides no judicial standards for review; often discretionary acts of government.

What is ripeness?

Doctrine barring premature cases; plaintiff’s injury has not yet occurred.

What is mootness?

Doctrine barring cases where the plaintiff no longer has a live injury.

What is the exception to mootness?

Cases capable of repetition but evading review, e.g., pregnancy/abortion cases.