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Constitutional Law Flashcards 2


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Judiciary -
Article III Powers
Article III of the Constitution grants federal courts the power to hear cases and controversies that arise under the Constitution, law or treaties of the United States where: 1) the United States is a party, 2) between states, 3) between states and their citizens, 4) in cases of diversity, and 5) between a state and/or its citizens and foreign states and/or their citizens
Separation of Powers - Judicial Review
While not explicitly stated in the Constitution, the Supreme Court has the power to determine the constitutionality of acts of other branches of government
Separation of Powers - Finality of Court Judgment
The separation of powers doctrine prohibits the legislature from interfering with the court's final judgments
Federal Review of State Acts
The Supremacy Clause of Article VI establishes that the Constition, Laws, and Treaties of the United States take precedence over state laws
Types of Federal Courts -
Article III Courts
Article III Courts are established by Congress pursuant to Article III of the Constitution, however, Congress may not require these courts to render advisory opinions or perform administrative functions. Judges have life tenure and their salary cannot be decreased.
Types of Federal Courts -
Article I Courts
Under Article I, Congress can created speciality courts. These courts may have both administrative and judicial functions, but they may not hear Article III cases or vice versa.
Supreme Court -
Original Jurisdiction
Under Article III, the Supreme Court has original jurisdiction in all cases affecting foreign officials and those where a state is a party.
Supreme Court -
Concurrent Jurisdiction
Congress may neither restrict nor enlarge the Supreme Court's original jurisdiction, but it may give concurrent jurisdiction to lower federal courts to hear all cases except those between states.
Supreme Court -
Appellate Jurisdiction
Under Article III the Supreme Court has appellate jurisdiction over all cases arising under the Constition, treaties, and laws of the United States.
Discretionary Appeals
(by writ of certiorari)
A case will be heard if four justices agree to hear it and if: it comes from the highest state court and involves a federal question, or it is a case from teh federal court of appeals.
Mandatory Appeals
The Supreme Court must hear those cases that come to it on appeal where the decision was made by 3-judge federal district court panels that grant or deny injunctive relief.
Congress's Power to Expand/Restrict the Supreme Court's Appellate Jurisdiction
Congress may expand or restrict the Supreme Court's Appellate Jurisdiction provided: it does not eliminate all avenues of Supreme Court review, and jurisdiction remains in some lower .

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