Module 2 - Judicial Power

What is Judicial Review?

Actions by the executive and legislative branches are subject to invalidation by the judiciary to ensure Constitution is abided by

What is the context/holding behind Marbury v. Madison?

First presidential election. President Adams (outgoing President) signed commission of Adams for Secretary of State.

Holding: Once the President signs a commission and the Secretary of State seals it, the appointment is legally complete. Withholding it violates a vested legal right.

What if Marbury filed his suit in a lower court first and then appealed the decision up to the Supreme Court?

The Court would have had the constitutional authority to hear the case under its appellate jurisdiction.

What are the elements of Marbury v. Madison?

1. Right to the commission? Yes, vested once signed & sealed

2. Does law afford a remedy? Yes, violated vested right

3. Is SCOTUS issued writ of mandamus right vehicle? NO.

4. Can the Court declare a law unconstitutional? YES. Constitution is supreme law, and the judiciary can invalidate legislative and executive actions that conflict with it.

Statute and Constitution conflict. What happens?

Court must strike down the statute

Can state courts be appealed to the US Supreme Court?

Yes, decisions from state courts can be appealed to the US Supreme Court if they involve federal law or constitutional issues.

Does the Supreme Court’s decisions override state courts on federal questions? Why?

Yes. Otherwise, the Constitution would mean 50 different things in 50 different states. Ensures consistency.

What is the Supremeacy Clause?

State judges are bound by federal law. State judge must uphold the law if it was found to comply with the Constitution (even if the judge disagrees with that conclusion).

Why doesn’t federal supremacy in States offend state soveringty?

Because the Constitution’s preamble says: “the People of the United States”

What are the facts and holding from Martin v. Hunter’s Lessee?

Plaintiff (English official) devises land to nephew. Virgina (state) passes law nullifying such. State conveys land to David.

Plaintiff’s heir claims the land under federal treaties.

Holding: The Supreme Court ruled that federal law takes precedence over state law, affirming that state laws cannot invalidate federal treaties.

What are the different Interpretive Theories?

1. Originalists / Textualists

2. Purposivists

3. Pragmatists

4. Realists

Originalists / Textualists: Definition

Ratify intent at time of writing. Don’t impose current values. Plain meaning of the text.

Purposivists: Definition

Interpret Constitution to serve contemporary needs. What issue was this meant to solve?

Pragmatists: Definition

Not a fixed method. Mix text, historical context, purpose of clause, real world consequences

Realists: Definition

Skeptics: every interpretive mode is just “window-dressing” for a judge's personal preferences.

Precedent (Stare Decisis): Definition

Courts can’t overrule statutory rulings.

Factors for overturning precedent include:

1. nature of the error (severe?)

2. the quality of reasoning

3. workability of enforcement

4. disruptive effects if overturned

5. reliance interests

How do courts use Foreign Law?

For informative purposes and to analyze norms

How is Judicial Power limited?

1. Courts can’t enforce their own rulings - other branches/public must comply

2. Congress controls judiciary’s budget, but cannot reduce a judge’s salary

3. Congress creates inferior federal courts and sets number of judges

4. Congress has the explicit power to strip the Supreme Court of its ability to hear certain appeals. 11th Amendment restricts which cases Congress may let courts hear. (Ex parte Mcardle)

What does the 2nd Amendment protect (rule from Heller)?

An INDIVIDUAL right (NOT just millitias) to keep and bear arms for lawful purposes (self defense within the home)

Is the right to bear arms for lawful purposes unlimited?

No. Felons/mentally-ill bans & sensitive place bans survive.

What are the facts from District of Columbia v. Heller?

D.C law prohibited possession/carry of handguns. Lawfully owned long guns must be “unloaded and dissembled” unless at place of business.

Heller was denied to keep a handgun at home for self-defense.

What was the Reasoning in District of Columbia v. Heller?

2A’s Operative Clause: “right of the PEOPLE to bear Arms shall not be infringed” - applies to individuals

Historical right to self defense.

Well regulated militia refers to everyone, not just military or organized groups.

What is the Holding from District of Columbia v. Heller?

DC’s handgun ban in the home + that firearms must be kept inoperable = unconstitutional.

What are the facts from New York State Rifle & Pistol Association, Inc. v. Bruen?

NY law requires a license to possess a handgun in the home or place of business.

Applicants must show “proper cause/special need for self-protection.” Ordinary desire or living in a dangerous area is not enough. Plaintiff was denied.

What is the Issue from New York State Rifle & Pistol Association, Inc. v. Bruen?

Does NY’s rule violate the 2nd/14th Amendment?

What is the Rule from New York State Rifle & Pistol Association, Inc. v. Bruen?

2nd/14th Amendment protect right to carry handgun for self-defense outside the home.

What must the government affirmatively prove to justify a firearm regulation?

That the regulation is consistent with the Nation's historical tradition of firearm regulation. Two step framework rejected.

Can the government regulate the manner of public carry?

Yes, e.g. prohibition of concealed carry if open carry is permitted, or restrictions in "sensitive places.”BUT cannot prohibit carry of commonly used firearms by ordinary citizens.

What is the Holding from New York State Rifle & Pistol Association, Inc. v. Bruen?

NY’s "proper cause" licensing requirement violates the 14th Amendment because it prevents ordinary, law-abiding citizens from exercising their constitutional right to carry handguns publicly for self-defense.

How much deference does a court give to a federal agency’s reading of an ambigious statute?

Agency’s view is only considered if it is thorough, consistent, and persuasive. BUT ultimate interpretive power rests with COURTS.