Constitutional Law Attack Outline

I. The Nature of Judicial Review

A. Organization & Relationship of State & Federal Courts

• Federal Courts:

• Congress can create lower federal courts.

• Jurisdiction only if Constitution clearly grants.

• Final judge of its own powers.

• State Courts:

• Established by state law; Supreme Court usually highest.

• Large group of state powers; Federal courts limited to explicit constitutional powers.

• Only certain cases eligible for USSC review.

B. Jurisdiction

• Constitutional Basis: US Constitution grants Federal courts jurisdiction over all cases arising under it.

• Congressional Power to Define & Limit:

• Congress can define/limit jurisdiction of all courts, including USSC.

• Cannot take away a state