Con Law Final Quizzes and Grade A+ SOLUTIONS

Con Law The Supreme Court issues an opinion in which it determines that the statute of limitations for securities fraud (which has heretofore been uncertain) is three years. As a result, lower federal courts dismiss all pending cases that had not been filed within the three-year limitations period. Congress thereafter passes a statute requiring federal courts to reinstate these cases. Is the statute constitutional? ANSWER: No, the federal judiciary has the power, not merely to rule on cases, but to decide them conclusively, subject to review only by superior courts. The Constitution forbids the legislature from interfering with the final judgments of courts. This new statute clearly violates the foregoing principle by retroactively commanding federal courts to reopen final judgments. A federal statute provides that the U.S. Supreme Court has authority to review any case filed in a U.S. Court of Appeals, even though that case has not yet been decided by the court of appeals. The Environmental Protection Agency (EPA) issued an important environmental rule. Companies that would be adversely affected by the rule filed a petition for review of the rule in a court of appeals, seeking a declaration that the rule was invalid solely because it was beyond the statutory authority of the EPA. A [second] statute specifically provides for direct review of EPA rules by a court of appeals without any initial action in a district court. The companies have filed a petition for a writ of certiorari in the Supreme Court requesting immediate review of this case by the Supreme Court before the court of appeals has actually decided the case. The EPA acknowledges that the case is important enough to warrant Supreme Cour ANSWER: A. the case is not within the original jurisdiction of the Supreme Court as defined by