Con Law Outline - Con Law Outline POWERS OF THE FEDERAL...

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Con Law Outline POWERS OF THE FEDERAL GOVERNMENT 1. The judicial power a. Article III i. Federal judicial power extends to cases involving: 1. Interpretation of the constitution, federal laws, treaties and admiralty and maritime laws, and 2. Disputes between states, states and foreign citizens and citizens of diverse citizenship b. Power of judicial review i. The supreme court may review 1. The constitutionality of acts of other branches of the federal government, and 2. State acts pursuant to the supremacy clause c. Jurisdiction of the supreme court i. Original jurisdiction : over all cases affecting ambassadors, public ministers, consuls and when the state is a party 1. Both the supreme court and the lower federal courts have jurisdiction over all those except those between states ii. Appellate jurisdiction : over all cases to which federal power extends, subject to congressional exceptions and regulation 1. Cases come to the court by one of two ways a. Writ of certiorari : requires four judges to vote to hear a case i. All cases from state courts come to the Supreme Court by writ of certiorari ii. All cases from U.S. courts of appeals come to the Supreme Court by writ of certiorari b. Appeal : the supreme court must hear cases that come to it by appeal i. Appeals exist for the rare decisions that are heard in front of a three-judge federal district courts 1. If appellate review is requested, it skips the court of appeals and goes straight to the Supreme Court a. The Supreme Court is obligated to hear the case iii. Generally no interlocutory review by the Supreme Court 1. All federal or state appeals must be tried before the Supreme Court can hear the matter iv. For the Supreme Court to review a state court decision, there must not be an independent and adequate state law ground of decision 1. If a state court decision rests on two grounds, one state law and one federal law, if the Supreme Court’s reversal of the federal law ground will not change the result in the case, the Supreme Court cannot hear it a. Even if it reversed a case on the federal law ground, but the outcome would be identical , the Supreme Court cannot hear it because nothing would change d. Lower federal court review i. Federal courts (and state courts) may not hear suits against state governments 1. The principle of sovereign immunity a. The 11th amendment bars suits against states in federal court b. Sovereign immunity bars suits against states in state courts or federal agencies 2. EXCEPTIONS: states may be sued under the following circumstances a. Waiver is permitted i. States may waive their sovereign immunity and consent to be sued, but the waiver must be explicit and the state must expressly consent to the suit b. States may be sued pursuant to federal laws adopted by Congress under Section 5 of the 14th amendment i. Congress cannot authorize suits against states under other constitutional provisions c. The federal government may sue state governments 3. Suits against state officers are allowed
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Con Law Outline - Con Law Outline POWERS OF THE FEDERAL...

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