ConLaw Class 9 – The Judicial Power

February 17th, 2014

The lecture notes are here. The live chat is here.

The Judicial Power

  • Judicial Power – Article III (486-491).
  • Correspondences of the Justices about Advisory Opinions (501-503).
  • “Case or Controversy” requirement (504-507).
  • Summers v. Earth Land Institute (513-519).
  • Political Question doctrine (519-520).
  • Luther v. Borden (520-528).
  • Art. III Jurisdiction of the Federal Courts (537).
  • Congressional authority over federal jurisdiction (544-548).
  • Ex Parte McCardle (550-557).

Summers v. Earth Land Institute

This suit was brought by various environmental groups, including the Sierra Club, the Earth  (Is)Land Institute, and others.

Earth Island Institute



The case concerned the sale of burned timber in the Sequoia National Forest. The tallest tree in that area is “General Sherman,” which is 274 feet tall!

This is a fire from Yosemite National Park.


Luther v. Borden

This is Thomas Dorr, who lead the insurrection in Rhode Island.


Ex Parte McCardle