Judicial Branch of Government United States Constitution

Judicial Powers. What is the Jurisdiction of the Supreme Court? theUnited State Supreme Court has original jurisidcition over r---- and appellate jurisdiction over------. the court also has constitutional limitations on the exercise of federal jurisidction. For example the court does not give advisory opinions. Moreover there msut be standing, the cae must be ripe with an immediate threat of harm, the case can't be moot ( the major exception is if the case is capable of repetition but evading review), there must be an adequate and independent state grounds, can not be a political question, abstention, 11th amendment and so forth. ,

 

Judicial Reveiw: The judicial branch has the power of judicial review. Under our system of government, we have a system of checks and balances. The court is the the 3rd branch of government and has the power to provide a check and balance for the other 2 branches of government.

 

Article 3 Courts: Article III vests the judicial power in the Supreme Court and such inferior courts as congress may establish.

 

Article 1 Courts:

 

Original Jurisdiction: Under Article 3 Section 2 of the Constitution, the supreme court has original trial jurisidction "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party".

 

Appeallate Jurisdiction: The Supreme Court shall have appeallate jurisdiction in all other case mentioned in Article 3 Section 2. This appeal can come forward in either a discreationary writ of certiorari or through a mandatory appeal.

 

Case or Controversy Requirement: There must be an actual case or controversy. The Court does not give advisory opinions. Case or Controversy requirement: There is a Case or Controversy requirement under constitutional law.

 

Standing, Ripeness, & Mootness: Judicial Powers Standing, Ripeness, & Mootness Judicial Powers Standing, Ripeness, & Mootness Judicial Powers Standing, Ripeness, & Mootness Judicial Powers Standing, Ripeness, & Mootness Judicial Powers Standing, Ripeness, & Mootness Judicial PowersPowers of Congress Article 2 United States Constitution Judicial Powers Judicial Powers Enumerated Powers of Congress Article 2 United States Constitution

 

Justiciability: Guaranty Clause Article 4 Section 4 Republican form of government.

 

Political Question: (Prudential Concerns)

 

1. Seperation of Powers

2. Judicial Competence

3. Sensitivty to the other branches of governmnet (e.g. checks and balances)

 

Adequate and Independent State Grounds: Judicial Powers Judicial Powers Judicial PowersPowers of Congress Article 2 United States Constitution Judicial Powers Judicial Powers Judicial Powers Judicial Powers Enumerated Powers of Congress Article 2 United States Constitution

 

Abstention: Judicial Powers Judicial Powers Judicial PowersPowers of Congress Article 2 United States Constitution Judicial Powers Judicial Powers Judicial Powers Judicial Powers Enumerated Powers of Congress Article 2 United States Constitution

 

Eleventh Amendment Limitations: Judicial Powers Judicial Powers Judicial PowersPowers of Congress Article 2 United States Constitution Judicial Powers Judicial Powers Judicial Powers Judicial Powers Enumerated Powers of Congress Article 2 United States Constitution


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Constitutional Law



Constitutional Law
Constitutional Law US Constitutional Law United States Constitutional law

Executive Branch of government. Powers of the President (Executive Branch of Government).