Interpretation Theories of Constitutional Law

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What does the U.S. Constitution trump according to the text?

State Laws

What is the significance of SCOTUS striking down a law that benefits them as mentioned in the text?

Setting a precedent for following the Constitution

What limitation does the text mention regarding Congress and SCOTUS's jurisdiction?

SCOTUS's jurisdiction is limited by Article 3 of the Constitution

Which case mentioned in the text involves a conflict between state law and a federal treaty?

Martin v. Hunter's Lessee

Besides Congress, what else can federal courts review according to the text?

State court judgments raising constitutional issues

Who has the authority to declare war according to the text?

The Congress

What is the role of the President in treaties according to the text?

Signs treaties after Congress ratification

What is the significance of Marbury v. Madison according to the text?

Establishes the power of judicial review

What does judicial review refer to according to the text?

Process by which SCOTUS rules on actions taken by federal and state officials

Which branch of government is permitted to create inferior courts according to Article III sec. 1?

Legislative Branch

What is the rule established by Judicial Review as per the text?

'SCOTUS rules on the constitutionality of actions'

What did Marbury v. Madison establish in terms of state court decisions?

State court decisions can be reviewed by SCOTUS for constitutionality.

In what situations does SCOTUS have jurisdiction over state cases?

When the case involves treaties.

Which of the following is NOT a limit on constitutional adjudication discussed?

Jurisdiction

What is the purpose of the standing requirement in federal courts?

To ensure parties have a vested interest in the case being litigated.

Which element must plaintiffs satisfy to meet the Art.III requirements for federal court jurisdiction?

Standing

What aspect ensures that parties have full incentive to litigate based on constitutional and prudential concerns?

Justiciability

What is required for a person to assert standing in a case?

Particularized and concrete injury

In the context of standing, what does 'redressability' refer to?

Partially reducing the harm

What was the main reason for denying standing in LUJAN V.DEFENDERS?

Speculative injury

In the MASS V.EPA case, what did the court's ruling indicate about standing?

Partial redress of harm is sufficient for standing

What is one of the key aspects of causation needed for standing?

Injury traceable to the defendant's conduct

Why was standing denied in LUJAN V.DEFENDERS based on redressability?

Secretary's inability to ensure compliance with ESA abroad

Which theory emphasizes determining the purpose of framers and ratifiers from the text, legislative history, and historical context?

Original Intent/Originalism

What does a writ of mandamus represent in legal terms?

A court order to act

In Marbury v. Madison, what did SCOTUS determine about the Judiciary Act of 1789?

It was unconstitutional because it granted SCOTUS original jurisdiction over certain cases.

Which principle involves comparing decisions to those in other countries when interpreting laws?

Foreign Law

What is the main legal concept established in Marbury v. Madison with respect to judicial power?

Judicial Review

Which factor did SCOTUS primarily base its interpretation on in Marbury v. Madison?

Original Intent of the Constitution

What is the main function of the Judicial branch according to the text?

Settle disputes

Which branch of government has the power to execute and enforce laws?

Executive branch

In the U.S. Constitution, which branch has the power to make laws?

Legislative branch

What is the purpose of the separation of powers in a government?

To prevent conflict between branches

What is the significance of limited/enumerated powers in Constitutional Law?

To restrict the powers of each branch as specified in the Constitution

'Checks and Balances' in a government system are designed to:

Allow each branch to veto acts of another to prevent excessive power in one branch

'Marbury v. Madison' was significant in establishing:

The principle of Judicial Review by the Supreme Court

'SCOTUS' is an acronym that stands for:

'Supreme Court of the United States'

'Marbury v. Madison' decision is considered crucial because it:

Affirmed the authority of Judicial Review by the Supreme Court

'Judicial Review' refers to the power of courts to:

Interpret laws and determine their constitutionality

Explore different theories used to interpret constitutional law, including Original Intent, General Intent, Tradition, Precedent, and more. Understand how each theory considers different aspects such as historical context, established practices, modern consequences, and foreign law comparisons.

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