1. Constitutional Law I Appellate Review Aug. 30, 2004

2. Types of Jurisdiction Recall distinction made in Art. III Original Fact finder Appellate Marshall in Marbury:  “It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that cause.” Review as to “both law and fact”  Exceptions and Regulations by Congress

3. Statutory Authority Original 28 USC § 1251  Original & Exclusive  Original but not Exclusive Special Master Appellate 28 USC § 1253 (appeal) and 1254 (certiorari)  Review of federal courts 28 USC § 1257  Review of state courts Note: Congress has never vested in either the Supreme or lower courts all the jurisdiction permitted by Art. III

4. Review of Lower Federal Courts Functions Correct error Superintendence Practice Resolve circuit splits Less than 1% cert petitions granted Rules of the Supreme Court Guide for Counsel in Cases to be Argued

5. Review of State Court Judgments Does Constitution authorize? What significance for Federalism and State Sovereignty? Constitutional Supremacy?

6. Martin v. Hunter's Lessee Case 1: Va. S.Ct. holds the state's seizure of certain Tory lands did not violate Treaty of Paris  Note: the VA court appreciated that US treaties were binding; it interpreted the treaty is allowing for this particular seizure USSC, on appeal, holds that state seizure did violate the Treaty; hence invalid

7. Martin v. Hunter's Lessee Case 2: Va. S.Ct. holds that its judgment was conclusive on the parties (land was in Va). USSC cannot sit in judgment on state courts “Courts of the United States, therefore, belonging to one sovereignty, cannot be appellate Courts in relation to the State Courts, which belong to a different sovereignty." USSC rejects this on 2 nd appeal

8. Cohens v. Virginia How different than Martin? State is a party State is exercising core sovereign right – to enforce its laws against its own citizens How can the const. be enforced against state officials if no appeal permitted to USSC?

9. Appellate Jdx – State Courts 28 USC § 1257 “Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States,”

10. Routes to USSC State Trial Court Federal District Court State Appellate Court Federal Court of Appeals US Supreme Court Fed. issues State issues Intermediate and/or Highest

11. Routes to USSC State Trial Court State Appellate Court US Supreme Court Fed. issues State issues Intermediate and/or Highest Adequate & Inde- pendent State Grounds Supreme Court can’t review federal issue if state judgment rests on Adequate & Inde- pendent State Grounds

12. Adequate & Ind. State Grounds Doctrine prevents review by USSC of federal issues coming from state court Case must present both state/federal claims adequate State claim (defense) must be adequate to fully resolve the case Decision on federal claim wouldn’t affect result independent State claim must be independent of fed law Many state const. rights mirror federal rights Many state courts use USSC interpretation of federal const. to guide state const. interpret.

13. Michigan v. Long (1983) Oral Argument Part 1 Part 2 What happens if A&I is uncertain? Ask state supreme court Make best guess based on state ct opinion Assume state ct cites state const pro forma but truly relies on fed const Assume state ct relies on state law? Plain Statement Rule “Respect for the independence of state courts”? Advisory opinion?

14. Stevens Dissent Why should USSC care if Michigan affords greater rights to Michigan citizens? Should USSC even take cases where it is the state that seeks cert?