1. Constitutional Law I Spring 2004 Justiciability – Part I Jan. 27, 2004

2. Types of Limits on Judicial Power Interpretive Limits Statutory Limits Article III Limits (justiciability doctrines)

3. Types of Limits on Judicial Power Interpretive Limits Statutory Limits Article III Limits (justiciability doctrines)

4. Article III Section 2: "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States … to Controversies to which the United States shall be a Party …"

5. Article III Section 2: "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States … to Controversies to which the United States shall be a Party …" The power to apply the law to legal disputes

6. Article III Section 2: "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States … to Controversies to which the United States shall be a Party …" legal dispute between litigants based on facts

7. Article III Section 2: "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States … to Controversies to which the United States shall be a Party …" Synonym for "cases"

8. Case or Controversy requirement Legal dispute between litigants based on actual facts No advisory opinions No conjectural, premature or stale cases No political disputes (i.e., matters not suited for adjudication in court of law) Only litigants with real & personal disputes of adversarial character

9. Prudential rules (self-restraint) Exercise power of judicial review only as last resort Decide constitutional questions last  Decide state issues 1st  Decide federal statutory issues 2nd Construe statutes as to render them const'l Decide cases on narrowest grounds Plaintiff must assert personal right Court must be able to issue meaningful relief

10. Advisory Opinions Marshall's syllogism for judicial review Courts must decide cases; If those cases set up the constitution as a right or defense, courts must be allowed to look to the constitution; If the constitution is supreme, it must provide the rule of decision in every case in which invoked but only when necessary to decide actual cases

11. Opinion of the Justices Interpretation of peace treaty Why did Washington/Jefferson want a judicial interpretation? Why didn't Jay want to provide it? If not S.Ct., who gives President legal advice? Art. II, § 2, ¶ 1: "the President … may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective offices …" Declaratory Judgments (28 USC § 2201) Contrast state Supreme Courts

12. Judicial Finality Heyburn's Case (1792) Federal Courts cannot make mere "recommendations" to other branches Res Judicata Full effect to decided cases  Even if wrongly decided?

13. Plaut v. Spendthrift Farms (1995) Statute of limitations - Rule 10(b)(5) cases S.Ct. interpretation of federal statute? Does S.Ct. ever misinterpret a federal law? What recourse does Congress have? Change in underlying substantive law Applicability for case already decided Applicability for pending cases  "each court, at every level, must decide according to existing law Applicability for future cases

14. Plaut v. Spendthrift Farms (1995) Change in underlying substantive law Applicability for pending cases Distinction between types of relief sought  Retroactive relief ( e.g., Klein v. U.S. )  When plaintiff seeks a remedy for past harms (e.g., damages, restitution), the law applied is that which existed when cause of action accrued  Prospective relief (e.g., Robertson v. Audubon Soc.)  When plaintiff demands that defendant comply with the law, to prevent ongoing or future harm, the law applied is the law that exists when judgment is entered

15. Standing Theory Federal courts can exercies judicial power only in cases and controversies of an "adversarial nature"  To be adversarial, litigants must be in particular relationship with one another such that they have personal stake in outcome of case Judicial power is the power to decide cases. If a federal court is unable to give effective relief, then it is not deciding a case, but merely rendering an advisory opinion.

16. Standing Elements Discrete and Palpable Injury Caused by Defendant's (alleged) Action Remediably by Court Plaintiff's personal rights at stake