Professional Documents
Culture Documents
HERE ARE SOME “TAKEAWAYS” FROM THE OPENING CLASSES. I OFFER THEM AS A STARTING POINT FOR
DISTILLING BASIC TENETS DISCUSSED SO FAR --
1. The constitution requires the establishment of one Supreme Court. It does not specify how
many members the court shall have. It does not mandate any particular voting requirement
in order for a ruling to be valid
2. Congress has discretion to establish “inferior” Article III courts
3. The constitution vests in the Supreme Court original jurisdiction in three classes of cases:
Ambassadors, other public ministers and consuls, when a State is a party
4. In all other cases the Supreme Court shall exercise appellate jurisdiction as congress grants
5. Although a state is a party the Supreme Court may exercise appellate jurisdiction in cases in
which a state is a party provided the case present s a “federal question” (see Cohens)
Judicial Review
1. Article III courts have the authority to declare null and void acts of congress inconsistent
with the U.S. Constitution
2. Article III courts may declare Executive branch conduct inconsistent with the constitution
unconstitutional
1. The Supreme Court may review state court judgments authorized by congress that fall
within the parameters of Article III §2.