struve_fed_courts_2007

struve_fed_courts_2007 - Federal Courts Struve Spring 2007...

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Federal Courts Struve – Spring 2007 Brian Ryckman
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Judicial Review & Rules of Justiciability
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I. JUDICIAL REVIEW A. General Considerations : Article III of the United States Constitution creates the federal judiciary and defines its powers. The language of the Article does five important things… (1) Creates a Federal Judicial System : First, the initial words of Article III – “the judicial power of the United States shall be vested” – create a federal judicial system. Federal courts were desired to effectively implement the powers of the national government; there as fear that sate courts might not fully enforce and implement federal policies, especially where there was conflict between state and federal law. At a minimum, a federal judiciary could help provide the uniform interpretation of the Constitution and federal laws; it could also protect individual liberties. (2) Creates Supreme Court and Permits Establishment of Lower Courts : Second, Article III vests the judicial power of the United States “in one supreme Court and in such inferior courts as Congress may from time to time ordain and establish.” Congress established lower federal courts in its first judiciary act, and they have existed ever since. (3) Insulates Federal Judges : Third, Article III assures the independence of the federal judiciary by according all federal judges life tenure “during good behavior,” and salaries that cannot be decreased during their time in office. This difference from state courts makes federal judges uniquely suited for the protection of constitutional rights. (4) Cases and Controversies Defined : Forth, Article III defines the federal judicial power in terms of nine categories of cases and controversies. These nine categories fall into two major types of provisions. One set of clauses authorizes the federal courts to vindicate and enforce the powers of the federal government. The other authorizes the federal courts to serve an interstate umpiring function, resolving disputes between states and their citizens. (5) Allocates Authority Between Supreme Court and Lower Courts : Fifth, Article III allocates judicial power between the Supreme Court and the lower federal courts. Article III states that the Supreme Court has original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court is granted appellate jurisdiction, both as to law and fact, subject to such exceptions and under such regulations as Congress shall make. B. Judicial Review : Article III courts have the power of judicial review, which enables them to determine the constitutionality of acts of the other two branches of the federal government and of the states. However, this power is limited by the “case and controversy” requirement and by justiciability doctrines. Marbury v. Madison
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struve_fed_courts_2007 - Federal Courts Struve Spring 2007...

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