Con Powers Test 1

Marbury v. Madison

CJ John Marshall established judicial review. John Adams (Federalist) lost election to Thomas Jefferson (Anti-Fed) in 1800. On midnight in 1801 right before Jefferson took office, the Feds passed the Judiciary Act of 1801. Appointed many Fed judges and confirmed them.

BUT their commissions were never delivered by SOS James Madison never brought the commissions to the appointed judges. Couldn’t become a judge without the commission.

Marbury advocated to the court for a writ of mandamus to order Madison to complete his constitutional duty under the expansion of jurisdiction by the Judiciary Act 1789. However, the court found this unconstitutional due to its not being stated in Article III. Instead, Article III only allows original jurisdiction to adjudicate conflicts among states.

Flast v. Cohen

Lujan v. Defenders of Wildlife

Crocodiles in Nile River protected under Endangered Species Act. The US Army Corp of Engineers contributing to the damming of the Nile alongside the Egyptian government. Would flood the habitat and kill or displace the crocodiles.

Defenders of Wildlife representative did not have standing because she could not prove any concrete injury, actual or imminent, to herself. Additionally, the project would not be stopped by the U.S. pulling out of the arrangements. Nothing the Secretary could do to change the situation, so they sued the wrong person.

Elk Grove Unified School District v. NewDow

NewDow challenged the requirement of reciting the Pledge of Allegiance before class due to the statement of “Under God" as an atheist. He filed on behalf of his child but did not have full custody. Therefore, he had no standing.

Arizona Christian School Tuition Organization v. Winn