MBE Torts Masterclass : Justiciability I (standing).

Описание: This episode of MBE Constitutional Law Prep lays the structural foundation for every Con Law question by explaining judicial review, the Supremacy Clause, and constitutional hierarchy. It begins with Marbury’s core principle: courts have the authority to interpret the Constitution and invalidate federal or state laws that conflict with it—but only in actual cases properly before them. Judicial review is powerful but limited by Article III and justiciability doctrines like standing and the ban on advisory opinions. The episode then builds the constitutional hierarchy: the U.S. Constitution sits at the top; valid federal statutes and treaties come next; then federal executive actions; followed by state constitutions and state laws. The Supremacy Clause means valid federal law overrides conflicting state law—but only after you apply the “Gold Rule”: first confirm the federal law is constitutionally valid, because an unconstitutional federal law preempts nothing. It also explains how treaties interact with statutes under the later-in-time rule, and how state courts can decide federal constitutional questions subject to Supreme Court review—unless the state court decision rests on adequate and independent state grounds, which block Supreme Court review. Finally, it reinforces separation-of-powers limits, emphasizing that Congress cannot dictate judicial outcomes and courts cannot issue advisory opinions. The key takeaway is structural discipline: verify jurisdiction and justiciability, confirm federal validity before invoking supremacy, apply the hierarchy correctly, and recognize when state-law grounds prevent Supreme Court review.