(1) Usually, the decisions of the Courts of Appeal are final, but in rare situations

they may be appealed to the US Supreme Court.

c. Supreme Court of the United States. This is the highest court in the land.

(1) This court consists of nine justices. These justices are nominated by the
President and confirmed by the Senate.

(2) Once they get there, they are in the job for life (i.e. a lifetime appointment)

(3) The Supreme Court can review any case decided by a lower federal court and it
may review some state court decisions.

2. Judicial Review. Judicial review means that the courts have the authority and power to
determine if a particular law is in violation of the Constitution.

a. Marbury v. Madison. This was established in the famous case of Marbury v.

Madison.

b. Why is this so Important? It is important because any statute or law passed by

government is subject to the courts' review. You see, the government may pass a
law, but if the court rules that it is unconstitutional, then the law is void.

c. Roe v. Wade was a classic example. In this case, the Texas legislature mandated
an out right ban on abortion.

(1) The US Supreme Court held that such a ban violated an individual's
right to privacy and therefore struck down the Texas Statute as being
unconstitutional.

2. Jurisdiction and Standing to Sue.

a. The General Problem is " to what extent may Congress curtail the jurisdiction of the
Supreme Court or the lower federal courts.

(1) Answer. Congress has the power to control the number and kind of inferior
courts in the federal system. This is critical because it helps spread the
balance of power between the different branches of government.

b. Federal Question. Whenever a cause of action is based on the US Constitution or any

federal law, then it is a federal question. If it is a federal question, then the case comes
under the jurisdiction of the federal courts. Some examples include:

(1) Claims based on rights granted by an act of Congress

(2) Claims based on violation of Constitutional rights.

(3) Diversity of Citizenship. Diversity of citizenship cases are those arising between
(1) citizens of different states, (2) a foreign country and citizens of a state and
(3) citizens of a state and citizens or subject of a foreign country. The amount in
controversy must also exceed $50,000.

(a) Look at the "Big Picture." The primary reason for diversity of

11