POLS 330 Study Guide - Certiorari, Federal-Question Jurisdiction, Clarence Earl Gideon
Document Summary
Gave the supreme court the power to review state court decisions on federal question. 1816 issue came to head with case martin v. hunter"s lessee: the case was about a property dispute in virginia. The issue was could the dispute be settled based on a virginia statute (state) or by the john jay treaty of 1794 (federal). Justice story issued the opinion that the scouts"s ability to review states decisions on federal law is necessary for uniformity of law. The supreme court has a duty to decide a case on non-constitutional grounds if possible: this is the opinion of lewis brandeis. Should not give advisory opinions to the president. This allowed the scotus to have complete discretion over which cases they hear. Chief justices william howard taft, hughes, and vision said that the scotus"s function is stabilizing principles of law for the benefit of the country, passing upon constitutional issues and other important questions of law for the public"s benefit.
