Martin v. Hunter’s Lessee
Title history of the Fairfax Estate
(300,000 acres) commonly known
as NORTHERN NECK (VIRGINIA)
Spring 2000
Supreme Court Review
1
S.Ct. review of State Courts
• Issue: Can the U.S. Supreme Court review
(and potentially set aside) decisions of
State high courts on questions of federal
law?
– Section 25 of the Judiciary Act gives the S.Ct.
appellate jdx in such cases
– Is Section 25 constitutional?
Spring 2000
Supreme Court Review
2
Text of Art. III
• Section 2, Par. 1:
– The Judicial Power shall extend to all Cases in
Law and Equity arising under this Constitution
• Section 2, Par. 2:
– In all the other Cases before mentioned, the
supreme Court shall have appellate Jdx, both
as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall
make
Spring 2000
Supreme Court Review
3
If Const’l text is unclear, does Const’l
Structure or Theory supply an answer?
• Need for single authoritative answer on
questions of federal law?
– How destabilizing is lack of uniformity?
• Doesn’t original jurisdiction provide sufficient
safeguard?
• Plaintiff has choice of forum; Def’t can remove
• Interposition
– Isn’t divergence inherent in our federalistic
structure? Isn’t it healthy?
Spring 2000
Supreme Court Review
4
Federalism
• Does S.Ct. review of state court decisions
undermine state sovereignty?
• Is it necessary in order to insure federal
supremacy?
– If state court interpretation of federal law
(within each state) was supreme, how effective
a limit would the constitution be on state
power?
Spring 2000
Supreme Court Review
5
Nullification
– Should states be able to resist unconstitutional
federal laws, especially where the unconstitutionality is caused by misinterpretation by S.Ct?
• Would such a practice have prevented
secession?
– On questions of federal power?
• If States are sovereign, and the federal gov’t
enjoys only those limited powers delegated by
the states, shouldn’t state courts have the final
say as to the extent of that delegation?
Spring 2000
Supreme Court Review
6
Dual Courts - Dual Sovereignty
• Basic Premise: each sovereign within its
sphere of authority
– state courts supreme on issues of state law
– federal courts supreme on federal law
• Creates need for clear jurisdictional rules
– abstention doctrines
– federal jdx over state law issues?
• Protective jurisdiction
• Judicial efficiency
Spring 2000
Supreme Court Review
7
Cohens v. Virginia
• Issue: Can U.S. Supreme Court review
(per appellate jurisdiction) state court
action in which the state itself is a party?
– Is grant of original jdx where “state is a party”
exclusive of appellate jdx?
• State could insulate itself from S.Ct. by
initiating case in state or lower federal court
– Is it a greater assault on state sovereignty to
review state cases involving the state itself?
Spring 2000
Supreme Court Review
8
Federal Issues in State Cases
• Cause of action based on state law
– can be filed in state court
• e.g., Virginia v. Cohens (penal law on gambling)
• e.g., Hunter v. Fairfax/ Devisee (quiet title)
– can be filed in federal court
• diversity (protective jurisdiction)
• supplemental
• Federal issue enters case by way of
defense or counter claim
Spring 2000
Supreme Court Review
9
Federal Claims in State Court
• Can state courts hear federal claims?
– Courts of general jurisdiction
• Must state courts hear federal claims?
– For federal law to be supreme, it must be
enforceable in state as well as federal court
• What Rule of Decision do state courts
follow when hearing federal claims?
Spring 2000
Supreme Court Review
10