Podcast
Questions and Answers
What was the main reason Arkansas failed to comply with the desegregation order?
What was the main reason Arkansas failed to comply with the desegregation order?
- Support for federal authority
- Opposition from all three branches of state government (correct)
- Lack of funding for desegregation
- Insufficient evidence for desegregation
The Court believed that desegregation could lead to disorder and therefore justified disobedience of the decree.
The Court believed that desegregation could lead to disorder and therefore justified disobedience of the decree.
False (B)
Who declared the Constitution as the 'supreme Law of the Land'?
Who declared the Constitution as the 'supreme Law of the Land'?
Chief Justice Marshall
The Fourteenth Amendment interpretation enunciated by the Court in the Brown case is considered the _____ law of the land.
The Fourteenth Amendment interpretation enunciated by the Court in the Brown case is considered the _____ law of the land.
Match the following cases with their significance:
Match the following cases with their significance:
Which article of the Constitution states that it is the supreme law of the land?
Which article of the Constitution states that it is the supreme law of the land?
According to Cooper v. Aaron, state legislators and executives are not bound by Supreme Court decisions.
According to Cooper v. Aaron, state legislators and executives are not bound by Supreme Court decisions.
What fundamental principle was declared by Chief Justice Marshall in Marbury v. Madison?
What fundamental principle was declared by Chief Justice Marshall in Marbury v. Madison?
What is the binding effect of a Supreme Court decision in a case?
What is the binding effect of a Supreme Court decision in a case?
The views expressed allow the Supreme Court to have ultimate authority over constitutional issues permanently.
The views expressed allow the Supreme Court to have ultimate authority over constitutional issues permanently.
What does 'underenforced' constitutional norms refer to?
What does 'underenforced' constitutional norms refer to?
President Reagan's Attorney General Edwin Meese emphasized the distinction between the Constitution and __________.
President Reagan's Attorney General Edwin Meese emphasized the distinction between the Constitution and __________.
Match the following figures to their views on judicial supremacy:
Match the following figures to their views on judicial supremacy:
Which statement best describes the impact of a Supreme Court decision on government practices?
Which statement best describes the impact of a Supreme Court decision on government practices?
The principle of judicial supremacy ensures that the Supreme Court's decisions are the ultimate authority on constitutional matters.
The principle of judicial supremacy ensures that the Supreme Court's decisions are the ultimate authority on constitutional matters.
What could be an example of an underenforced constitutional norm mentioned in the discussion?
What could be an example of an underenforced constitutional norm mentioned in the discussion?
The Supreme Court's decision in __________ v. Board of Education was noted for its implications regarding compliance with court decisions.
The Supreme Court's decision in __________ v. Board of Education was noted for its implications regarding compliance with court decisions.
Match the following cases to their significance regarding constitutional law:
Match the following cases to their significance regarding constitutional law:
What is one view expressed about the role of public officials regarding constitutional norms?
What is one view expressed about the role of public officials regarding constitutional norms?
Judicial decisions cannot be challenged or criticized when they derive from misconstrued constitutional norms.
Judicial decisions cannot be challenged or criticized when they derive from misconstrued constitutional norms.
What is a potential consequence of allowing Supreme Court decisions to fix government policy instantly?
What is a potential consequence of allowing Supreme Court decisions to fix government policy instantly?
A significant concern raised regarding judicial supremacy is that it could lead to __________ by the judiciary.
A significant concern raised regarding judicial supremacy is that it could lead to __________ by the judiciary.
What is the primary concern regarding the exceptions power of the Supreme Court?
What is the primary concern regarding the exceptions power of the Supreme Court?
The Supreme Court's ability to declare an Act of Congress void is viewed as essential for the Union's stability.
The Supreme Court's ability to declare an Act of Congress void is viewed as essential for the Union's stability.
What famous observation did Justice Holmes make regarding Supreme Court jurisdiction?
What famous observation did Justice Holmes make regarding Supreme Court jurisdiction?
Match the following cases or concepts with their relevant details:
Match the following cases or concepts with their relevant details:
What would happen if a bill eliminated federal court jurisdiction in school prayer cases?
What would happen if a bill eliminated federal court jurisdiction in school prayer cases?
State courts are not responsible for enforcing federal constitutional rights.
State courts are not responsible for enforcing federal constitutional rights.
According to the discussion, what is necessary for Congress to withdraw certain categories of cases from federal jurisdiction?
According to the discussion, what is necessary for Congress to withdraw certain categories of cases from federal jurisdiction?
The power of Congress over the jurisdiction of the ______ raises different issues than those regarding the Supreme Court.
The power of Congress over the jurisdiction of the ______ raises different issues than those regarding the Supreme Court.
Match the following legal principles with their statements:
Match the following legal principles with their statements:
Which statement correctly describes the judicial role of the Supreme Court?
Which statement correctly describes the judicial role of the Supreme Court?
Klein's case involved an attempt by Congress to bind the Court to a particular rule of law.
Klein's case involved an attempt by Congress to bind the Court to a particular rule of law.
What does the term 'jurisdictional gerrymandering' imply?
What does the term 'jurisdictional gerrymandering' imply?
The withdrawal of jurisdiction for certain issues must not be motivated by ______ to specific constitutional rights.
The withdrawal of jurisdiction for certain issues must not be motivated by ______ to specific constitutional rights.
When there is a conflict between the Constitution and a statute, what must the courts allow to prevail?
When there is a conflict between the Constitution and a statute, what must the courts allow to prevail?
Cooper v. Aaron suggests that courts should see themselves as having been entrusted with a special role in interpreting the Constitution.
Cooper v. Aaron suggests that courts should see themselves as having been entrusted with a special role in interpreting the Constitution.
What is the concept of 'judicial supremacy' as discussed in the passage?
What is the concept of 'judicial supremacy' as discussed in the passage?
Political actors must __________ on constitutional issues when they believe a statute is unconstitutional.
Political actors must __________ on constitutional issues when they believe a statute is unconstitutional.
Match the following political figures with their views on judicial interpretation:
Match the following political figures with their views on judicial interpretation:
Which of the following best describes the views expressed by Andrew Jackson regarding the authority of judges?
Which of the following best describes the views expressed by Andrew Jackson regarding the authority of judges?
The responsibility to comply with the Constitution applies only to the judiciary.
The responsibility to comply with the Constitution applies only to the judiciary.
In the event that Congress believes a statute is unconstitutional, what should members of Congress do?
In the event that Congress believes a statute is unconstitutional, what should members of Congress do?
Moral issues frequently become __________ issues.
Moral issues frequently become __________ issues.
Which situation is considered more complex for political officials regarding the Supreme Court's decisions?
Which situation is considered more complex for political officials regarding the Supreme Court's decisions?
Political actors should act independently of what the Supreme Court would likely decide.
Political actors should act independently of what the Supreme Court would likely decide.
What role does the Constitution impose on all branches of government?
What role does the Constitution impose on all branches of government?
The judges are empowered by the Constitution to pass a __________ based on their interpretation.
The judges are empowered by the Constitution to pass a __________ based on their interpretation.
What might compel a President to act against a statute upheld by the Courts?
What might compel a President to act against a statute upheld by the Courts?
What analogy did Justice Breyer use to illustrate the understanding of likelihood in terms of the plaintiff organizations' actions?
What analogy did Justice Breyer use to illustrate the understanding of likelihood in terms of the plaintiff organizations' actions?
The law of standing requires specific knowledge of each project unlawfully subject to regulations.
The law of standing requires specific knowledge of each project unlawfully subject to regulations.
Who joined Justice Breyer in his dissenting opinion?
Who joined Justice Breyer in his dissenting opinion?
Justice Breyer noted that the plaintiff organizations had __________ members who regularly use forests across the nation.
Justice Breyer noted that the plaintiff organizations had __________ members who regularly use forests across the nation.
Match the following concepts with their descriptions:
Match the following concepts with their descriptions:
What is the essence of the compromise adopted by the Framers regarding access to lower courts?
What is the essence of the compromise adopted by the Framers regarding access to lower courts?
Congress has the power to entirely abolish lower federal courts.
Congress has the power to entirely abolish lower federal courts.
What argument does Eisenberg make regarding the inability of the Supreme Court to do justice?
What argument does Eisenberg make regarding the inability of the Supreme Court to do justice?
The diversity jurisdiction extends only to cases in which the amount in controversy is over ______________.
The diversity jurisdiction extends only to cases in which the amount in controversy is over ______________.
Match the following views with their descriptions regarding the mechanisms of control over the Court:
Match the following views with their descriptions regarding the mechanisms of control over the Court:
Which of the following is a potential limitation on Congress's power over the lower federal courts?
Which of the following is a potential limitation on Congress's power over the lower federal courts?
The mechanisms of control over the Court completely eliminate the countermajoritarian difficulty.
The mechanisms of control over the Court completely eliminate the countermajoritarian difficulty.
According to the document, what percentage of black children in the South attended desegregated schools ten years after the Supreme Court decision in Brown v. Board of Education?
According to the document, what percentage of black children in the South attended desegregated schools ten years after the Supreme Court decision in Brown v. Board of Education?
The principle that courts may rule only in the context of a constitutional case is inferred from article III, section 2, providing that the Judicial Power shall extend to enumerated '' and ''.
The principle that courts may rule only in the context of a constitutional case is inferred from article III, section 2, providing that the Judicial Power shall extend to enumerated '' and ''.
Match the following cases with their relevant significance regarding federal jurisdiction:
Match the following cases with their relevant significance regarding federal jurisdiction:
What complicates the assumption that society will follow Supreme Court decisions?
What complicates the assumption that society will follow Supreme Court decisions?
Congress has the authority to restrict cases involving controversial subjects such as abortion and school prayer.
Congress has the authority to restrict cases involving controversial subjects such as abortion and school prayer.
Identify a safeguard that mitigates the countermajoritarian difficulty associated with judicial review.
Identify a safeguard that mitigates the countermajoritarian difficulty associated with judicial review.
The importance of lower federal courts is to ensure the effectiveness of the ____________________ granted under Article III.
The importance of lower federal courts is to ensure the effectiveness of the ____________________ granted under Article III.
Match the following individuals with their stated contributions or positions:
Match the following individuals with their stated contributions or positions:
What does the case or controversy requirement primarily promote?
What does the case or controversy requirement primarily promote?
The courts are allowed to issue advisory opinions.
The courts are allowed to issue advisory opinions.
What is the purpose of standing in legal cases?
What is the purpose of standing in legal cases?
The requirement that courts may not decide _____ questions is a part of justiciability doctrines.
The requirement that courts may not decide _____ questions is a part of justiciability doctrines.
Match the following terms with their descriptions:
Match the following terms with their descriptions:
Which rationale supports the need for the court to resolve issues through concrete disputes?
Which rationale supports the need for the court to resolve issues through concrete disputes?
Judicial decisions often have effects that extend only to the particular case.
Judicial decisions often have effects that extend only to the particular case.
Name one historical figure who contributed to the development of justiciability doctrines in the 20th century.
Name one historical figure who contributed to the development of justiciability doctrines in the 20th century.
The concept of 'passive virtues' relates to the _____ of the judiciary in U.S. government.
The concept of 'passive virtues' relates to the _____ of the judiciary in U.S. government.
Match the following Supreme Court cases with their significance:
Match the following Supreme Court cases with their significance:
What does the 'countermajoritarian difficulty' refer to?
What does the 'countermajoritarian difficulty' refer to?
The case or controversy requirement allows for hypothetical legal disputes.
The case or controversy requirement allows for hypothetical legal disputes.
What is meant by collusive litigation?
What is meant by collusive litigation?
The justiciability doctrines have evolved over time, especially in the _____ century.
The justiciability doctrines have evolved over time, especially in the _____ century.
What is one effect of the 'time lag' created by justiciability requirements?
What is one effect of the 'time lag' created by justiciability requirements?
What was the primary issue raised by McCardle in Ex parte McCardle?
What was the primary issue raised by McCardle in Ex parte McCardle?
The Supreme Court has the ultimate authority to settle all constitutional questions.
The Supreme Court has the ultimate authority to settle all constitutional questions.
What did Congress do while McCardle's case was still pending in court?
What did Congress do while McCardle's case was still pending in court?
The case of Ex parte McCardle challenged Congress’s power over _____ after the Civil War.
The case of Ex parte McCardle challenged Congress’s power over _____ after the Civil War.
Which statement reflects the Chief Justice Chase's opinion on jurisdiction?
Which statement reflects the Chief Justice Chase's opinion on jurisdiction?
The jurisdiction of the Supreme Court is entirely independent of Congressional influence.
The jurisdiction of the Supreme Court is entirely independent of Congressional influence.
What was the effect of the repealing act of 1868 on the McCardle case?
What was the effect of the repealing act of 1868 on the McCardle case?
In Ex parte McCardle, Chief Justice Chase indicated that, without jurisdiction, the court only has the function of _____ the case.
In Ex parte McCardle, Chief Justice Chase indicated that, without jurisdiction, the court only has the function of _____ the case.
What concern did Congress have regarding the McCardle case?
What concern did Congress have regarding the McCardle case?
Ex parte Yerger expanded the Supreme Court's jurisdiction over habeas corpus proceedings.
Ex parte Yerger expanded the Supreme Court's jurisdiction over habeas corpus proceedings.
Describe the implication of Ex parte McCardle on congressional power.
Describe the implication of Ex parte McCardle on congressional power.
In Ex parte McCardle, the Court concluded that jurisdiction is required to _____ law.
In Ex parte McCardle, the Court concluded that jurisdiction is required to _____ law.
Match the following amendments with their respective subjects:
Match the following amendments with their respective subjects:
What effect could Congress have if it restricted the Supreme Court's jurisdiction?
What effect could Congress have if it restricted the Supreme Court's jurisdiction?
The exceptions clause allows Congress unlimited power to restrict the Supreme Court's jurisdiction.
The exceptions clause allows Congress unlimited power to restrict the Supreme Court's jurisdiction.
What is one argument made against Congress having plenary power over the appellate jurisdiction of the Supreme Court?
What is one argument made against Congress having plenary power over the appellate jurisdiction of the Supreme Court?
The Supreme Court is intended to ensure that Congress and the President remain within __________ limits.
The Supreme Court is intended to ensure that Congress and the President remain within __________ limits.
According to the arguments presented, why might restricting jurisdiction be seen as counterproductive?
According to the arguments presented, why might restricting jurisdiction be seen as counterproductive?
The language of the Constitution places strict limits on Congress's power to regulate the Supreme Court's jurisdiction.
The language of the Constitution places strict limits on Congress's power to regulate the Supreme Court's jurisdiction.
What is the main concern about Congress having the power to insulate its own laws from constitutional review?
What is the main concern about Congress having the power to insulate its own laws from constitutional review?
In the case of __________, the idea of judicial review was clarified as a fundamental function of the Supreme Court.
In the case of __________, the idea of judicial review was clarified as a fundamental function of the Supreme Court.
What is one potential consequence of Congress exercising broad exceptions power over the Supreme Court?
What is one potential consequence of Congress exercising broad exceptions power over the Supreme Court?
Judicial review serves as a mechanism for courts to enforce state laws when they conflict with federal law.
Judicial review serves as a mechanism for courts to enforce state laws when they conflict with federal law.
Why might the term 'exceptions' in the context of the exceptions clause imply a narrow power?
Why might the term 'exceptions' in the context of the exceptions clause imply a narrow power?
The __________ establishes the intended relationship between Congress, the President, and the courts.
The __________ establishes the intended relationship between Congress, the President, and the courts.
Which case is often cited as a foundational precedent for judicial review?
Which case is often cited as a foundational precedent for judicial review?
The proposal to restrict the Supreme Court's jurisdiction regarding state-law decisions represents a legitimate exercise of Congressional power.
The proposal to restrict the Supreme Court's jurisdiction regarding state-law decisions represents a legitimate exercise of Congressional power.
What is the main focus of the injury in fact requirement in standing doctrine?
What is the main focus of the injury in fact requirement in standing doctrine?
The injury in fact requirement has always been a part of standing doctrine.
The injury in fact requirement has always been a part of standing doctrine.
What is the consequence of the new standing requirements introduced in the judicial review?
What is the consequence of the new standing requirements introduced in the judicial review?
The Court rejected the claim of vocational injury by a zoo keeper of Asian elephants due to the belief that geographic distance _______ the harm.
The Court rejected the claim of vocational injury by a zoo keeper of Asian elephants due to the belief that geographic distance _______ the harm.
Match the following terms related to standing doctrine with their definitions:
Match the following terms related to standing doctrine with their definitions:
Which justices played a key role in developing standing limitations during the New Deal era?
Which justices played a key role in developing standing limitations during the New Deal era?
The courts owe deference to Congress's substantive purpose when imposing procedural requirements.
The courts owe deference to Congress's substantive purpose when imposing procedural requirements.
In what case did Justice Brandeis concur, suggesting a separation of public and private interests?
In what case did Justice Brandeis concur, suggesting a separation of public and private interests?
Marbury v. Madison established the principle that it is the right of every individual to claim the _______ of the laws when injured.
Marbury v. Madison established the principle that it is the right of every individual to claim the _______ of the laws when injured.
What does the Court believe about the judicial enforcement of agencies’ observance of statutorily prescribed procedures?
What does the Court believe about the judicial enforcement of agencies’ observance of statutorily prescribed procedures?
Procedural injuries are automatically excluded from consideration for standing.
Procedural injuries are automatically excluded from consideration for standing.
What is the relationship between injury in fact and common law interest regarding standing?
What is the relationship between injury in fact and common law interest regarding standing?
The Court’s concept of standing suggests that the harm must be _______ and particularized.
The Court’s concept of standing suggests that the harm must be _______ and particularized.
What must a party seeking review demonstrate in order to establish standing?
What must a party seeking review demonstrate in order to establish standing?
What does not factor into the Court’s analysis according to the dissenting opinion?
What does not factor into the Court’s analysis according to the dissenting opinion?
Social and public interest litigants faced no challenges regarding standing in the early formative years of standing doctrine.
Social and public interest litigants faced no challenges regarding standing in the early formative years of standing doctrine.
Respondents can establish standing without demonstrating concrete injury.
Respondents can establish standing without demonstrating concrete injury.
What does Justice Stevens believe about a person's interest in visiting the habitat of an endangered species?
What does Justice Stevens believe about a person's interest in visiting the habitat of an endangered species?
The citizen-suit provision of the Endangered Species Act does not meet minimal requirements because it does not identify the injury sought to be _____ .
The citizen-suit provision of the Endangered Species Act does not meet minimal requirements because it does not identify the injury sought to be _____ .
Which of the following conditions did the plurality note that respondents lacked for redressability?
Which of the following conditions did the plurality note that respondents lacked for redressability?
Justice Kennedy believed that requiring affiants to acquire airline tickets was trivial in the context of establishing standing.
Justice Kennedy believed that requiring affiants to acquire airline tickets was trivial in the context of establishing standing.
What is the significance of 'injury in fact' in establishing standing?
What is the significance of 'injury in fact' in establishing standing?
The principle of standing requires that the party must have suffered an _____ .
The principle of standing requires that the party must have suffered an _____ .
Match the justices with their views on standing:
Match the justices with their views on standing:
Which of the following is NOT a reason the plurality gave for the lack of redressability?
Which of the following is NOT a reason the plurality gave for the lack of redressability?
Justice Blackmun agreed with Justice Stevens' view regarding standing.
Justice Blackmun agreed with Justice Stevens' view regarding standing.
How does Justice Stevens view the injury to interest in studying or enjoying a species?
How does Justice Stevens view the injury to interest in studying or enjoying a species?
Respondents' intention to visit the sites in the future is necessary to establish a sufficient _____ for standing.
Respondents' intention to visit the sites in the future is necessary to establish a sufficient _____ for standing.
What factor does NOT need to be assessed for a case to demonstrate standing?
What factor does NOT need to be assessed for a case to demonstrate standing?
Congress can define injuries and create new rights of action under certain circumstances.
Congress can define injuries and create new rights of action under certain circumstances.
What is the primary focus of the discussed court opinion?
What is the primary focus of the discussed court opinion?
The court held that a generalized grievance about government creates an Article III case or controversy.
The court held that a generalized grievance about government creates an Article III case or controversy.
What does 'injury-in-fact' refer to in the context of this court opinion?
What does 'injury-in-fact' refer to in the context of this court opinion?
Congress cannot convert the public interest into an __________ right.
Congress cannot convert the public interest into an __________ right.
Which of the following is NOT a scenario in which the court would recognize standing?
Which of the following is NOT a scenario in which the court would recognize standing?
What does the 'ecosystem nexus' theory propose regarding standing?
What does the 'ecosystem nexus' theory propose regarding standing?
The courts are positioned to administer laws as equal to the Executive branch.
The courts are positioned to administer laws as equal to the Executive branch.
What role does Chief Justice Marshall describe for the courts in 'Marbury v. Madison'?
What role does Chief Justice Marshall describe for the courts in 'Marbury v. Madison'?
The 'animal nexus' theory allows anyone interested in studying endangered animals to have standing.
The 'animal nexus' theory allows anyone interested in studying endangered animals to have standing.
What is one major requirement for demonstrating standing in environmental cases?
What is one major requirement for demonstrating standing in environmental cases?
The courts should protect individual rights against actions that exceed __________ authority.
The courts should protect individual rights against actions that exceed __________ authority.
Match the following terms with their associated cases:
Match the following terms with their associated cases:
Standing is not based on mere __________ but on actual perceptible injury.
Standing is not based on mere __________ but on actual perceptible injury.
What does the court suggest would happen if Congress turns public interest into individual rights?
What does the court suggest would happen if Congress turns public interest into individual rights?
What was the significant change in standing law introduced by the Supreme Court in Association of Data Processing Services Organizations v. Camp?
What was the significant change in standing law introduced by the Supreme Court in Association of Data Processing Services Organizations v. Camp?
Why is redressability a significant issue in the discussed case?
Why is redressability a significant issue in the discussed case?
The Sierra Club was granted standing in their case against the timber sale in the national forest.
The Sierra Club was granted standing in their case against the timber sale in the national forest.
Respondents demonstrated clear evidence that funding agencies would alter their projects if the Secretary's regulation was changed.
Respondents demonstrated clear evidence that funding agencies would alter their projects if the Secretary's regulation was changed.
Plaintiffs claiming harm to individual rights must demonstrate specific concrete harm.
Plaintiffs claiming harm to individual rights must demonstrate specific concrete harm.
What does the 'citizen-suit' provision of the ESA allow individuals to do?
What does the 'citizen-suit' provision of the ESA allow individuals to do?
What did the Court emphasize about the injury in fact requirement in Data Processing?
What did the Court emphasize about the injury in fact requirement in Data Processing?
What is the core principle regarding individual rights as derived from the discussed cases?
What is the core principle regarding individual rights as derived from the discussed cases?
In United States v. SCRAP, the plaintiffs claimed that their members used the forests, streams, mountains, and ________ in the Washington metropolitan area.
In United States v. SCRAP, the plaintiffs claimed that their members used the forests, streams, mountains, and ________ in the Washington metropolitan area.
The injury required by Article III can only exist if it creates legal __________.
The injury required by Article III can only exist if it creates legal __________.
The concept of _________ injury refers to the right to enforce procedural requirements even in the absence of actual damage.
The concept of _________ injury refers to the right to enforce procedural requirements even in the absence of actual damage.
Match the following theories of standing with their descriptions:
Match the following theories of standing with their descriptions:
Match the following cases with their corresponding outcomes regarding standing:
Match the following cases with their corresponding outcomes regarding standing:
What type of interests were emphasized by courts in the 1960s and 1970s for standing?
What type of interests were emphasized by courts in the 1960s and 1970s for standing?
What does the court assert about the 'procedural injury' found by the Court of Appeals?
What does the court assert about the 'procedural injury' found by the Court of Appeals?
The 'vocational nexus' approach is based on individuals having professional connections with endangered species.
The 'vocational nexus' approach is based on individuals having professional connections with endangered species.
The requirement for injury in fact is stringent and hard to meet.
The requirement for injury in fact is stringent and hard to meet.
What does the term 'ideological interest' refer to in the context of standing?
What does the term 'ideological interest' refer to in the context of standing?
In the context of standing, what does the term 'redressability' refer to?
In the context of standing, what does the term 'redressability' refer to?
The Court in __________ held that environmental groups could challenge the Interstate Commerce Commission’s decisions.
The Court in __________ held that environmental groups could challenge the Interstate Commerce Commission’s decisions.
Under the __________ approach, anyone at a distance from an affected area can claim injury.
Under the __________ approach, anyone at a distance from an affected area can claim injury.
Match the terms with their definitions or descriptions related to standing law:
Match the terms with their definitions or descriptions related to standing law:
What percentage of funding did AID provide for the Mahaweli Project?
What percentage of funding did AID provide for the Mahaweli Project?
What was one of the outcomes of Sierra Club v. Morton?
What was one of the outcomes of Sierra Club v. Morton?
Massachusetts v. EPA affirmed the standing that was established in SCRAP.
Massachusetts v. EPA affirmed the standing that was established in SCRAP.
What was the main takeaway from the Court's decision in Summers v. Earth Island Institute?
What was the main takeaway from the Court's decision in Summers v. Earth Island Institute?
In modern standing cases, an interest to __________ with the law is inadequate for establishing standing.
In modern standing cases, an interest to __________ with the law is inadequate for establishing standing.
What did the Court mean by the 'attenuated line of causation' in United States v. SCRAP?
What did the Court mean by the 'attenuated line of causation' in United States v. SCRAP?
What is required for a plaintiff to establish standing in court?
What is required for a plaintiff to establish standing in court?
A plaintiff must always be the direct object of the government action to establish standing.
A plaintiff must always be the direct object of the government action to establish standing.
Name one of the three elements of standing.
Name one of the three elements of standing.
The __________ must have suffered an injury that is actual or imminent.
The __________ must have suffered an injury that is actual or imminent.
Match the following phrases with their correct descriptions:
Match the following phrases with their correct descriptions:
What did the Court of Appeals find regarding the affidavits of Joyce Kelly and Amy Skilbred?
What did the Court of Appeals find regarding the affidavits of Joyce Kelly and Amy Skilbred?
It is unnecessary for a plaintiff to provide specific facts supporting their claim at the pleading stage.
It is unnecessary for a plaintiff to provide specific facts supporting their claim at the pleading stage.
What does 'injury in fact' refer to?
What does 'injury in fact' refer to?
What was President Washington's request to the justices regarding?
What was President Washington's request to the justices regarding?
The burden of establishing standing lies with the __________.
The burden of establishing standing lies with the __________.
The justices believe it is appropriate for them to extrajudicially decide questions related to the President's request.
The justices believe it is appropriate for them to extrajudicially decide questions related to the President's request.
What type of evidence is required at the summary judgment stage for a plaintiff asserting injury?
What type of evidence is required at the summary judgment stage for a plaintiff asserting injury?
What are the regulations set out in Section 7(a)(2) of the Endangered Species Act designed to enforce?
What are the regulations set out in Section 7(a)(2) of the Endangered Species Act designed to enforce?
Causation and redressability are often straightforward for plaintiffs who are not directly affected by the government action.
Causation and redressability are often straightforward for plaintiffs who are not directly affected by the government action.
The Chief Justice also serves on the Board of Regents of the _____ Institute.
The Chief Justice also serves on the Board of Regents of the _____ Institute.
What was the initial position of the Fish and Wildlife Service (FWS) regarding Section 7(a)(2) in 1978?
What was the initial position of the Fish and Wildlife Service (FWS) regarding Section 7(a)(2) in 1978?
What was one of the activities that harmed Ms. Kelly's interest in observing the Nile crocodile?
What was one of the activities that harmed Ms. Kelly's interest in observing the Nile crocodile?
The Court assumed that the agency-funded projects threaten listed species, but it considered this __________.
The Court assumed that the agency-funded projects threaten listed species, but it considered this __________.
The Office of Legal Counsel has assumed a significant advisory role for the executive branch.
The Office of Legal Counsel has assumed a significant advisory role for the executive branch.
What was Ms. Skilbred's concern about her potential return to Sri Lanka?
What was Ms. Skilbred's concern about her potential return to Sri Lanka?
What did the justices express regret about concerning President Washington's administration?
What did the justices express regret about concerning President Washington's administration?
What are the three main elements of standing?
What are the three main elements of standing?
Justice Scalia delivered the opinion of the Court in the case of _____ v. Defenders of Wildlife.
Justice Scalia delivered the opinion of the Court in the case of _____ v. Defenders of Wildlife.
Which of the following entities was responsible for proposing the revised joint regulation regarding Section 7(a)(2) in 1986?
Which of the following entities was responsible for proposing the revised joint regulation regarding Section 7(a)(2) in 1986?
The Assistant Attorney General in charge of the Office of Legal Counsel is a career civil servant.
The Assistant Attorney General in charge of the Office of Legal Counsel is a career civil servant.
What outcome did the revised interpretation by the Interior Department achieve regarding federal obligations?
What outcome did the revised interpretation by the Interior Department achieve regarding federal obligations?
Match the components related to presidential advice and judicial roles:
Match the components related to presidential advice and judicial roles:
Which judicial body has the power to issue advisory opinions in certain state courts?
Which judicial body has the power to issue advisory opinions in certain state courts?
The judicial review challenge was directed against a rule promulgated by the Secretary of the _____ regarding the Endangered Species Act.
The judicial review challenge was directed against a rule promulgated by the Secretary of the _____ regarding the Endangered Species Act.
Judicial opinions on policy matters are explicitly excluded from the powers of justices under Article III.
Judicial opinions on policy matters are explicitly excluded from the powers of justices under Article III.
Flashcards
Judicial Supremacy
Judicial Supremacy
The principle that the federal judiciary has the ultimate authority to interpret the Constitution and its amendments.
Marbury v. Madison
Marbury v. Madison
The case that established the principle of judicial review, where the Supreme Court can review the actions of other branches of government to ensure they are constitutional.
Cooper v. Aaron
Cooper v. Aaron
The case that applied the principle of judicial supremacy to the issue of desegregation, holding that the federal courts had the final word on interpreting the Constitution.
Supremacy Clause
Supremacy Clause
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Binding Effect of Federal Court Decisions
Binding Effect of Federal Court Decisions
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Equal Protection Clause
Equal Protection Clause
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Brown v. Board of Education
Brown v. Board of Education
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Disobedience of a Court Order
Disobedience of a Court Order
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Jurisdiction
Jurisdiction
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Appellate Jurisdiction
Appellate Jurisdiction
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Habeas Corpus
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Writ of Certiorari
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Repeal
Repeal
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Congressional Power Over Appellate Jurisdiction
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Ex Parte McCardle
Ex Parte McCardle
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Holding
Holding
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Overriding a Presidential Veto
Overriding a Presidential Veto
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Constitutional Supremacy
Constitutional Supremacy
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Shared Constitutional Interpretation
Shared Constitutional Interpretation
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Political Officials' Constitutional Role
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Morality in Politics
Morality in Politics
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Independent Constitutional Interpretation
Independent Constitutional Interpretation
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President's Role in Judicial Invalidation
President's Role in Judicial Invalidation
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Challenging Judicial Rulings
Challenging Judicial Rulings
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President's Independent Judgment
President's Independent Judgment
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President's Power to Uphold Statutes
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Consequences of Ignoring Constitutional Violations
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Respect for Judicial Role
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President's Responsibility to Defend Constitution
President's Responsibility to Defend Constitution
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Statute Restriction on Commercial Advertising
Statute Restriction on Commercial Advertising
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President's Constitutional Conscience
President's Constitutional Conscience
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Non-Judicial Constitutional Interpretation
Non-Judicial Constitutional Interpretation
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Criticisms of Judicial Supremacy
Criticisms of Judicial Supremacy
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Cooper v. Aaron: The Court's Position
Cooper v. Aaron: The Court's Position
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Settlement as Justification for Judicial Supremacy
Settlement as Justification for Judicial Supremacy
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Underenforced Constitutional Norms
Underenforced Constitutional Norms
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Government Officials' Obligation to Uphold Underenforced Norms
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Political Branches' Constitutional Interpretation
Political Branches' Constitutional Interpretation
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Binding Power of Supreme Court Decisions
Binding Power of Supreme Court Decisions
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Controversial Supreme Court Decisions
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Neutral Role of the Court
Neutral Role of the Court
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Limited Binding Qualities of Supreme Court Decisions
Limited Binding Qualities of Supreme Court Decisions
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The Constitution as Supreme Law
The Constitution as Supreme Law
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Evolving Interpretation of the Constitution
Evolving Interpretation of the Constitution
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Potential for Conflict over Constitutional Interpretation
Potential for Conflict over Constitutional Interpretation
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Case or Controversy Requirement
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Advisory Opinions
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Ripeness
Ripeness
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Mootness
Mootness
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Political Questions Doctrine
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Exceptions Clause
Exceptions Clause
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Plenary Power Argument
Plenary Power Argument
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Essential Functions Hypothesis
Essential Functions Hypothesis
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Jurisdiction as a Check on the Supreme Court
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Legislative Supremacy
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Popular Will
Popular Will
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Narrow Interpretation of Exceptions Clause
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Constitutional Role of the Courts
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Congressional Abuse of Exceptions Clause
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Separation of Powers
Separation of Powers
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Exceptional Circumstances Argument
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Undermining Judicial Review
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Judicial Review
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Binding Precedent
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Binding Effect of Supreme Court Decisions
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Federal Judicial Supervision of States
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Essential Functions Doctrine
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Independent Constitutional Barriers
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United States v. Klein
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Jurisdictional Gerrymandering
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Jurisdiction of Lower Federal Courts
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Plenary Power over Lower Federal Courts
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Lesser Included Argument
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Standing
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Injury In Fact
Injury In Fact
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Causation
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Redressability
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Burden of Proof
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Pleading vs. Summary Judgment vs. Trial
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Standing when directly affected
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Standing when indirectly affected
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Ecosystem Nexus
Ecosystem Nexus
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Plaintiff's burden in indirect cases
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Animal Nexus
Animal Nexus
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Aesthetic Interest in Standing
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Past Visits Not Enough for Imminent Injury
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Vocational Nexus
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Cognizable Interest
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Factual Basis for Injury
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Imminent Harm
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Government Funding and Threatened Species
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Citizen Suit
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Procedural Injury
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Unfettered Choices of Third Parties
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Citizen Suit Provision
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Interagency Consultation
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Procedural Right to Consultation
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Imminent Harm
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Stare Decisis
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Declaratory Judgement
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Office of Legal Counsel
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Affirmation
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Reversal
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Judicial Review of Laws
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Due Process
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Collateral Estoppel
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Congressional Intent
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Procedural Due Process
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Executive Lawlessness
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Take Care Clause
Take Care Clause
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Congressional Control of Lower Federal Courts
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Eisenberg's Argument: Importance of Lower Courts
Eisenberg's Argument: Importance of Lower Courts
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Independent Constitutional Constraints on Lower Court Jurisdiction
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Justice Story's View: Always a Forum?
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Mechanisms of Control over the Supreme Court
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Countermajoritarian Difficulty: Less Severe?
Countermajoritarian Difficulty: Less Severe?
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Court's Dependence on Political Branches
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Mechanisms Insufficient To Overcome Countermajoritarian Difficulty
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Efficacy of Supreme Court Decisions: Limited Reach?
Efficacy of Supreme Court Decisions: Limited Reach?
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Case or Controversy Requirement: No Abstract Rulings
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Constitutional Rulings Only in Specific Cases
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Article III, Section 2: Judicial Power
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Case or Controversy Requirement: A Passive Virtue?
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Case or Controversy: An Inference From Article III
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Case or Controversy: Restraint on Judicial Activism
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Concrete Injury Requirement
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Congressional Conferral of Rights
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Court Overreach
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Protecting Individual Rights
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Abstract, Self-Contained Right
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Faithful Execution of Laws
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Focus on Individual Disputes
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Generalized Grievance
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Distinctive Feature of the Case
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Case or Controversy
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Nexus Theory
Nexus Theory
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Congressional Power to Create Causes of Action
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Professional Interest in Preserving Endangered Species
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Intangible Interests as Injury in Fact
Intangible Interests as Injury in Fact
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Injury to Interest in Studying or Enjoying Species
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Non-Compliance with New Regulations
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Foreign Government Actions
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Presumption of Compliance with Court Decisions
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Serious Purpose of Agency Consultation
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Congress's Power to Regulate Foreign Activities
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Legal Interest Test
Legal Interest Test
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Legal Injury
Legal Injury
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Association of Data Processing Services Organizations v.Camp
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Sierra Club v.Morton
Sierra Club v.Morton
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United States v.SCRAP
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Summers v.Earth Island Institute
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Injury in Fact Test
Injury in Fact Test
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Beneficiaries of Government Regulation
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Study Notes
Judicial Exclusivity in Constitutional Interpretation
- Cooper v. Aaron (1958): Arkansas resisted a desegregation order, arguing that desegregation would lead to violence. The Supreme Court held that "law and order" cannot justify violating constitutional rights. They asserted that the interpretation of the Fourteenth Amendment in Brown v. Board of Education was supreme law.
- Article VI & Supremacy Clause: The Constitution is the supreme law of the land, and federal courts' interpretations of the Constitution are binding on all branches of government.
- Marbury v. Madison (1803): Established judicial review, stating the judiciary's duty to interpret the Constitution. This case did not explicitly claim exclusive interpretation power, but established that the Constitution is an enforceable legal source.
- Cooper v. Aaron's broader implications: This decision suggests the judiciary holds a unique role in defining the Constitution. Other branches should defer to the Court's interpretation.
Political Control Over Jurisdiction of Article III Courts
- Ex parte McCardle (1869): The Supreme Court acknowledged Congress's power to restrict its appellate jurisdiction, but this power is not unlimited (implied restraint). Congress can remove specific cases from the court's review. Congress doesn't need to maintain Supreme Court jurisdiction in all cases, but a total dismissal of jurisdiction would potentially violate the separation of powers.
- Plenary Power Argument: Congress possesses near-complete power over the Supreme Court's appellate jurisdiction according to this view, limited only by the political process and not by constitutional constraints.
- "Essential Functions" Hypothesis: Congress cannot eliminate the vital role of the Supreme Court in upholding constitutional limits. Removing jurisdiction substantially affects the Court's ability to check other branches.
- United States v. Klein (1872): Congress cannot use jurisdictional removal to influence the outcome of a pending case in a way that violates the separation of powers. It can only remove the right to appeal a specific category of cases.
The Power of Reprisal - General Thoughts
- Mechanisms of Control: Constitutional amendment, appointment, impeachment, public opinion, and jurisdictional limits offer ways for other branches of government to check the Supreme Court's interpretation.
- Countermajoritarian Difficulty: Judicial review is less troubling than sometimes perceived, given these checks and balances.
- Political Nature of Judges: Judges are not entirely insulated from politics; their actions can still be subject to political pressures and influences.
Case or Controversy Requirements/Passive Virtues
- Case or Controversy Requirement (Article III, Section 2): Federal courts are constitutionally constrained to resolve only actual, justiciable disputes, not hypothetical or advisory questions. This requirement promotes both judicial restraint and ensuring cases are resolved within concrete disputes.
- "Passive Virtues": Inaction on non-justiciable cases can mediate between electoral accountability and decisions based on principle.
- Advisory Opinions: Federal courts traditionally cannot issue advisory opinions (opinions on hypothetical situations) because they're not tied to a specific dispute or controversy.
- Standing: Plaintiffs must demonstrate a concrete injury, directly caused by the defendant, and that a favorable ruling will likely redress the injury. This requirement distinguishes between genuine disputes and abstract or generalized concerns.
The Application of "Injury in Fact"
- Evolution of Injury in Fact: The current standing requirement is a relatively recent development. The earlier "legal injury" requirement was tied to a cause of action and whether a particular law conferred a right to relief. The shift to "injury in fact" broadened the range of injuries that can be considered sufficient to confer standing, beyond just private property rights.
- Standing vs. Merits: Standing (whether a plaintiff can bring a suit) is distinct from the merits (the actual validity of the case presented). The injury in fact test is meant to screen only those cases worthy of judicial discussion.
- Sierra Club v. Morton (1972): The Court denied standing because the plaintiff organization lacked a demonstrably personal stake in the outcome, highlighting the need for a "personal stake" in a concrete dispute.
- United States v. SCRAP (1973): The Court found sufficient injury for standing; the plaintiffs alleged concrete effects of the government policy on their activities, though the connection is somewhat attenuated.
Lujan v. Defenders of Wildlife (1992)
- Standing Requirements Overview: The case establishes a three-part test for standing: injury in fact, causal connection, and redressability. It emphasizes that standing is not an abstract or generalized interest or concern, but requires a demonstrated, concrete personal harm.
- Injury in fact: The case highlights the difficulty of proving an injury in fact if the plaintiff is not directly affected by the government action in dispute.
- Redressability: Plaintiffs must demonstrate that the remedy sought will actually rectify the alleged harm. This is often difficult in cases of broader government action.
- Critique of General Grievances: Standing cannot be based on a generalized interest or concern about government conduct without a concrete personal injury. It's not constitutional for Congress to grant standing to everybody for any kind of public concern.
Studying That Suits You
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Description
Test your understanding of key concepts in U.S. constitutional law, including landmark cases, amendments, and the roles of different government branches. This quiz covers significant rulings and principles, such as the supremacy of the Constitution and the implications of desegregation. Dive deep into the foundational elements that shape American law.
