Midterm Review:

The U.S. Supreme Court dismissed a challenge to a “birth control law” in CT. Why?’

The Court dismissed the case because there was no actual injury. Connecticut had a law banning contraception, but the state rarely enforced it. Since nobody had been prosecuted under the law, there was no real case or controversy and the issue was not ripe for review. This was later important because it eventually opened the door for cases involving privacy rights and contraception.

Marco Defunis was denied admission to Washington Law School. Why was his case dismissed?

DeFunis argued that the University of Washington Law School discriminated against him through affirmative action because applicants with lower scores were admitted. By the time the case reached the Supreme Court, he was already about to graduate from law school. Since the issue had been resolved, the Court dismissed the case as moot.

Tinker vs. Des Moines is a case in which high school students were suspended for wearing black armbands protesting the Vietnam War. This is an example of what?

The case involved students wearing black armbands to protest the Vietnam War. The Court ruled the students had suffered an injury because they were suspended and therefore had standing to sue. The armbands were protected symbolic speech under the first amendment. The Court famously stated that the students do not “shed their constitutional rights at the schoolhouse gate.

Maryland vs. McCullough was a case about what?

The case concerned whether Congress had the power to create a national bank and whether Maryland could tax that bank. Chief Justice Marshall held that Congress possessed implied powers through the Necessary and Proper Clause and that states could not tax federal institutions. The case strengthened federal power and supported a broad interpretation of the Constitution.

What are the sources of congressional powers?

Congressional powers come from the Constitution: Enumerated powers in Article 1, Section 8. The necessary and proper clause (Elastic Clause). Commerce clause. Implied powers derived from enumerated powers.

A Federalist, Alexander Hamilton, believed in what kind of interpretation of the US Constitution? What kind of powers did Congress have?

Alexander Hamiliton favored a broad or loose interpretation of the Constitution. He believed Congress possessed not only enumerated powers but also implied power necessary to carry out its constitutional duties.

Which case established judicial review?

Marbury v. Madison (1980).

What is the reason why Marbury v. Madison is so important?

The case established judicial review, meaning the Supreme Court can declare acts of Congress unconstitutional. This gave the Court an important role in checking the other branches of government.

What is the Elastic Clause, sometimes called the Necessary and Proper Clause?

The elastic clause is also called the Necessary and Proper clause, allows Congress to make laws needed to carry out its enumerated powers. It gives Congress the flexibility in exercising its constitutional authority.

What case is the worst case of judicial review?

Dred Scott v. Sandford (1857). Chief Justice Taney ruled that African Americans could not be citizens and that slaves were property. The Court also struck down the Missouri Compromise. Many historians believe this decision intensified sectional conflict and helped move the country closer to the Civil War.

What is the authority to hear a case for the first time called?

Original jurisdiction.

What does the term “external” restraint mean?

External restraints are limited by the Supreme Court imposed by other branches through checks and balances. Separation of powers which is the idea that each branch is given explicit powers.

What do threshold requirements mean?

Threshold requirements are rules that must be satisfied before the Court will hear a case. Such as case and controversy, standing to sue, mootness, ripe for review, and political questions doctrine. These are also considered forms of internal restraints.

What does the term “internal” restraint mean?

Internal restraints are self-imposed limitations the Court uses to control its own power and avoid unnecessary involvement in political disputes. Standing, mootness, ripe for review, and political question doctrine.

Note: Ripe for review is a legal dispute that has developed into a concrete, final controversy suitable for judicial decision, typically requiring a final agency action and a non-speculative injury.

What type of constitutional approach and interpretation did Justice Taney use in the Dred Scott case?

Taney relied on Original Intent. He claimed the Framers never intended African Americans to be included in the constitution and be citizens. Many scholars, including Jaffee, argue that Taney’s reading of history was inaccurate.

What was Chief Justice Marshall’s motivation for the ruling in the Marbury v. Madison case?

Marshall wanted to strengthen the authority of the Supreme Court while avoiding a direct conflict with President Jefferson. By denying Marbury’s request but creating judicial review, Marshall increased the Court’s power without provoking a constitutional crisis.

What is “judicial restraint”?

Judicial restraint is the belief that courts should defer to elected officials whenever possible and strike down laws only when they clearly violate the constitution. Courts should interpret rather than make law.

Why was Marbury v. Madison a landmark case?

It established judicial review and made the Supreme Court a coequal branch of government capable of checking Congress and the President.

What is standing to sue, and what was the case we went over in class?

Standing to sue is when a court decides whether the case has standing. This must be a real life case and controversy. Article lll limits the jurisdiction of federal courts to actual “cases and controversies.” The right parties in which a person bringing the lawsuit must be the one who holds the legal claim. Actual Injury parties must have a particularized actual harm.

A case that gets to the US Supreme Court too late and the issues are resolved is called what?

A moot case.

What are some external restraints on the US Supreme Court?

Congressional funding power, Senate confirmation power, Presidential appointment power, Constitutional amendments, impeachment, and congressional regulation of federal courts.

According to author Jaffe, Lincoln’s speeches provide evidence that Lincoln believed what?

Lincoln believed slavery was morally wrong and eventually had to be abolished, He also believed the Supreme Court decisions should not permanently determine every political issue for the nation. The people, through elections, should have an important role in shaping constitutional means.

The Dred Scott case invalidated which federal law?

The Missouri Compromise of 1820.

What is judicial restraint, and what is judicial activism?

Judicial restraint has to do with deferring to elected branches, interpreting laws narrowly, and avoiding policymaking. Judicial activism is where the Courts actively protect rights, more willing to strike down laws, and courts play a larger role in public policy.

According to Jaffe, Taney’s view is not an accurate view of the time. What was Taney’s view?

Taney argued African Americans were never intended to be citizens. Jaffe argues this was historically inaccurate because free Black people had rights and citizenship status in some states during the founding period.

What was Lincoln’s Ballot or Bullets argument?

Lincoln believed that political disagreements should be settled through voting (ballots) rather than violence or war (bullets). He argued that in a democracy, people should use elections to create change and accept the results peacefully instead of using force. He often emphasized that the ballot is stronger than the bullet because it allows citizens to resolve conflicts without bloodshed.

What was the political question doctrine? What case is an example?

This is a self-imposed internal restraint that allows the court from getting involved in a political battle with the other branches of American Government. The doctrine also refers to those issues that are likely to draw the Court into political battle with the executive or legislative branch or simply are more amenable to executive or legislative decisions making. An example of this case is Baker v. Carr, in Tennessee it was argued that the state’s voting districts had not been updated to reflect population changes, making representation unfair. The Supreme Court ruled that federal courts could not hear cases involving legislative reapportionment because they involved constitutional rights under the Equal Protection Clause, not purely political questions. Established the principle “one person, one vote.” and clarified when courts can become involved in political issues.

What was the point of the mock trial entitled the “Smart Protest Expulsion”

First Amendment to free speech rights, student expression, standing to sue, constitutional analysis of school discipline. This case closely resembles the issues found in Tinker v. Des Monies.

Chief Justice Marshall wrote the opinion in Gibbons vs. Ogden. How did he define what the Commerce Clause meant in the case? Hint: Intrastate commerce v. Interstate commerce.

Marshall ruled that Congress can regulate interstate commerce (commerce between states). Interstate commerce is federally regulated. Intrastate commerce is state regulated. This decision expanded federal authority under the Commerce Clause.

What is a writ of mandamus?

A writ of mandamus is a court order directing a government official to perform a legal duty that they are required to perform. Marbury wanted the Court to order Madison to deliver his judicial commission.

What is the original jurisdiction?

Original jurisdiction is the authority of a court case to hear a case before any appeals occur.

What is the case and controversy clause?

Article lll requires federal courts to hear only real disputes involving actual injuries.