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Unformatted text preview: Federal Jurisdiction – Professor Cross Fall 2009 August 17, 2009- Beginning class at 8:55 rather than 9:00am- Chemerinksy Hornbook- Statutory Supplement optional Federal Jurisdiction: what are the constitutional limits of the power of the federal courts?- Respective Powers of Governments: o Federalism – generally, describes a federal system Underlying issue is a question of the allocation of authority of the federal gov’t (typically the courts) and the states (F/S) o Separation of Powers – clash between different branches at the same level Typically – between federal judiciary vs. Executive, Leg, and agencies Respective authority/roles of each branch of government- Ask which of these sorts of struggles is this – Federalism or Separation of Powers o Courts handle the issues differently- Think systemically – don’t think about the issue of the case; rather, how does this issue fit into the larger system of government and the two-tiered state system. Chapter 1 - Issues in Judicial Review- Marbury v. Madison & Political Question- What is the role that the Constitution envisions for the federal court system? o Article III – the Judicial Power Federal Judicial power is vested in a Supreme Court and possibly in lower federal courts Congress has authority to create the lower federal courts But only the Supreme Court is required Don’t have a clear picture about what the federal court is supposed to do (not established) Section 3 talks about treason (not going to discuss) Art. III lays groundwork but no specificity so court has to figure out the role of federal court- Marbury v. Madison – Court’s first major statement about the role of the federal courts o Facts: Marbury granted a commission as a Justice of the Peace by Pres. Adams o The commissions came back when Adams left office, so Marbury sues for an order requiring Madison to deliver commission to Madison and the others o S. Court: 1. Whether the S. Ct. can decide the case...there is a statute saying that they could review it. • Court interpreted it as giving jurisdiction over the case. The statute is from the Act of 17.. 1 Federal Jurisdiction – Professor Cross Fall 2009 • Court said we have jurisdiction over mandamus actions, and sees it as a grant of jurisdiction • But court said there was a conflict between original and appellate......
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This note was uploaded on 04/27/2010 for the course LAW 840 taught by Professor Tim during the Spring '10 term at University of Louisville.
- Spring '10