Judicial Review correct answers The legislative and executive branches are subject to review by the judicial branch.
Marbury v. Madison (1803)
Marshall deemed the Supreme Court, under Article 3, Section 2, only has original jurisdiction in cases dealing with diplomatic or state issues and in all ...
Constitutional Law Exam 1 || Already Graded A+.
Judicial Review correct answers The legislative and executive branches are subject to review by
the judicial branch.
Marbury v. Madison (1803)
Marshall deemed the Supreme Court, under Article 3, Section 2, only has original jurisdiction in
cases dealing with diplomatic or state issues and in all other cases it has appellate jurisdiction.
This sets up the precedent for judicial review.
Threshold Considerations correct answers If there is no threshold consideration, there is no case:
1.) No advisory opinions
2.) Standing
3.) Mootness
4.) Political questions
Lujan v. Defenders of Wildlife (1992)
Plaintiffs have no standing in this case against the Endangered Species Act because the threat of
the extinction of a species alone brings no individual injury.
Court Packing Plan of 1937 correct answers FDR's attack on the Supreme Court after the
decision of Schecter Poultry, the plan was to require a "justice aid" to every justice over the age
of 70. This would have added 15 justices to the Supreme Court. The plan failed but it resulted in
the justices of the court to begin siding with FDR instead of going against him. Fear? Change of
Heart? No one knows.
Original Jurisdiction/Appellate Jurisdiction correct answers OJ: Courts power to hear a case the
first time
AJ: Courts power to review a lower courts decision
Marbury v. Madison
Under the Judiciary Act of 1789 Marbury believed the Supreme Court had original jurisdiction in
his case. Marshall delivers the opinion that the Supreme Court can only have original jurisdiction
in cases dealing with diplomatic or state affairs. All other cases the Supreme Court has appellate
jurisdiction. By doing so, Marshall sets the precedent for judicial review.
Negative Doctrine correct answers The government has no obligation to help a private citizen in
obtaining their rights; it just can not take them away.
Right to bear arms, but does not have to supply the guns.
DeShaney v. Winnebago County (1989)
Executive Privilege correct answers In order to "take care that the laws be faithfully executed"
the President must be able to receive information without being compelled to make it public
information.
Implied power of the President since Washington.
*Does not apply in criminal investigations
, Writ of Habeas Corpus correct answers A writ that requires a person under detainment be
brought before a judge. It is to ensure individual freedoms are not infringed upon by unlawful
arrest.
Presidential Line Item Veto correct answers Allowed the President to line veto any appropriation
of a bill which disallowed funds for that certain provision.
Clinton v. City of NY (1998)
Deemed unconstitutional because of separation of powers, bicameral requirement and
presentment clause.
Stuart v. Laird (1803) correct answers After the repeal of the Judiciary Act of 1801, Stuart went
to court to deem the repeal unconstitutional and that only the judge who renders a judgement can
enforce it. Patterson delivers the opinion of the court claiming the repeal is constitutional and
Congress has the power to create and abolish federal courts, this decision avoided conflict
between the legislative and judicial branches. Ends attacks from Jefferson onto the court and
ends outspoken judges.
Eakin v. Raub (1825) correct answers Pennsylvania Supreme Court
Significance is the dissent of Justice John Gibson who says Marshall's decision in Marbury v.
Madison of judicial review is unconstitutional. The people should have the ultimate power in
deciding whether a law is constitutional or not, by setting up the system of checks and balances
the court is taking the power away from the people.
Ex Parte McCardle (1869) correct answers Congress has the power to withdraw appellate
jurisdiction from the Supreme Court at any time. Article 3, Section 2.
Lujan v. Defenders of Wildlife (1992) correct answers Justice Scalia delivered the opinion
stating the plaintiffs could not prove "injury in fact".
To have standing one must be able to prove a concrete injury, not a hypothetical one.
*Luther v. Borden (1849) correct answers Luther was a part of the Dorr Rebellion in Rhode
Island attempting to overthrow the charter government; Borden invaded is home acting without
authority and brought this to the Supreme Court.
Supreme Court establishes the political question doctrine under the Guarantee Clause (Article 4,
Section 4) "the United States shall guarantee every state a Republican form of government"
In cases dealing with a political question, the answer must be given by Congress -> not the
Supreme Court.
Cooper v. Aaron (1958) correct answers State governor does not agree with the Supreme Court's
decision in Brown v. BOE in desegregation of schools; claiming the decision unconstitutional.
Question: Are all states bound to Supreme Court decisions?
Justice Frankfurter encouraged all justices to write 1 opinion together to show a unified decision
in desegregation. *First and only time this has ever happened to date*
The Supremacy Clause in the Constitution makes the decision in Brown v BOE binding to all
states, Marshall's decision of judicial review was used to emphasize their point.
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