Con Law Midterm Chapters 1-6

The legislative veto was declared unconstitutional in

Immigration and Naturalization Service v. Chadha. (INS v. Chadha) ; violated separation of powers. Violates bicameralism and presentment/presentment clause

necessary and proper clause provides the basis for Congress'________ powers.

Implied

Judiciary Act of 1789

In 1789 Congress passed this Act which created the federal-court system. Gave the court the power of judicial review over state court decisions that involve federal questions the constitution and treaties

When can executive privilege be used?

Matters of national security

Does the Supreme Court have mandatory appellate jurisdiction where a state court has held a federal statue invalid?

No , the court decides for itself which cases it will hear

How many votes needed to impeach

The actual impeachment trial occurs in the Senate and a 2/3 vote of those senatorspresent is required to convict.

Presumption of Constitutionality

The doctrine of constitutional law holding that laws are presumed to be constitutional with the burden of proof resting on the plaintiff to demonstrate otherwise.

The president is commander and chief of the ___ and ____

army and navy

presidential powers are enumerated in what article

article 2

Litigation arose in the Courts of the state of Seneca, when the Seneca Secretary of Commerce attempted to stop Calvin Clean from sending his new advertising brochure through the mail. Under the Secretary's interpretation, the new brochures contained obscene photographs and sexually suggestive language. The Secretary was acting under authority given to him by section 1123(b) of the Seneca Trade Statute which provided: "Whenever the Sec. of Commerce shall determine that a commercial mailing to residents of the state of Seneca is inappropriate for minors, the Sec. shall have the authority to prohibit such mailing." The case reached the highest court in Seneca, the Seneca Supreme Court, which held that the statute was unconstitutional, being in violation of both the Commerce Clause and the Supremacy Clause of US Constitution. If the US Supreme Court reviews this case, it will reach that court:

by certiorari

which of the following is the supreme law of the land

constitution, treaties, all law passed pursuant to the constitution

Congress enacts the Truth in Selling Act, requiring that sellers in interstate sale transactions make certain disclosures, and fixing civil damages for failure to make the requisite disclosures. The Act authorizes parties allegedly damaged by violations of the Truth in Selling Act to sue in either state or federal courts. The act further provides that any decision of a lower state court construing a section of the Act may be appealed directly to the U.S. Supreme Court. The provision of this statute which authorizes appeal of a lower court decision directly to the U.S. Supreme Court, is

constitutional, because Congress may establish the manner in which the appellate jurisdiction of the Supreme Court is exercised

INS v. Chadha

court ruled that the legislative veto is unconstitutional because it violates bicameralism and the presentment clause

When can executive privilege not be used?

criminal proceedings against the president

US v. Nixon

executive privilege gives the president power to withhold information from the public, this is an implied power, you can not use executive privilege in the face of criminal proceedings , executive privilege is not absolute

How many justices must vote to grant cert in a given cases before the court will hear the case

four

executive privilege

is the right of elected officials in the executive branch to withhold information to other branches of government or to the public.

War Powers Resolution

- A law passed in 1973 spelling out the conditions under which the president can commit troops without congressional approval. 1) consult with Congress before introducing armed forces into hostilities; 2) submit a report to Congress within 48 hours after introducing armed forces into hostilities; 3) terminate the use of armed forces within 60 days unless Congress has declared war.

what are the powers of the president

- In charge of the armed forces (commander in chief) - Appoints ambassadors, consuls, federal judges, heads of departments, and other officers (with advice and consent of the senate) -Make treaties, and puts laws in effect - The president is given broad authority to delegate and to appoint members of the executive branch.

As a textual matter, the Congress can abolish federal courts, other than the Supreme Court. Briefly explain this statement.

- The SC is the only court mandated in the Constitution. Congress is given the power to create the lower federal court system. The power to create is the power to abolish. - article 3 section 1 of the constitution states the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. This is stating that the SC is the only court commanded by the Constitution. The end of the statement says "and in such inferior Courts as the Congress may from time to time ordain and establish. " stating that congress can create lower federal courts, meaning they can also abolish them if deemed necessary. The SC can not be abolished by Congress.

what is the difference between executive agreements and treaties

- Treaty: An international agreement that receives the advice and consent of the Senate and is ratified by the President. - Executive Agreement: An international agreement that is binding, but which the President enters into without receiving the advice and consent of the Senate.

Protective function privilege

- has not been recognized as a privilege, although several presidents have attempted to use it. - privilege that allowed them to conceal what they observed in the protection of the president.

RULES OF THE PRESIDENT

- he can not evoke presidential privilege in the face of criminal investigations - the president can not be sued while he is carrying out official presidential business - the president can not seize private property without consent of the congress - the president can not make laws - the president can not make appointments when congress is in recess for less than 10 days - the president doesn't have to wait for a declaration of war -

Presidential communications privilege

- the President and his advisers must be free to candidly discuss issues, express opinions, and explore options without fear that those deliberations will later be made public. - protects from disclosure any communications that are either by the President directly or by his assistants

Rules for ratifying constitutional amendments - 2ND STEP

1. Approval by three-fourths ofthe state legislatures 2. approval by specially called ratifying conventions in three-fourths of the states. Used only for the 21 amendment which repealed the 18th amendment- prohibition An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.

List two common political questions.

1. Impeachments 2. Guarantee Clause 3. Declaration of war, whether or not the president can declare war. 4. Deployment of troops

Rules for proposing constitutional amendments

1st method - 2/3 vote of both houses of Congress 2nd method - constitutionalconvention called in response to two-thirds of the state legislatures.

Delegation of power

Action by Congress authorizing the executive or administrative agencies to take action on specified topics, often by rule-making. congress has seen fit to delegate some of its powers to the executive branch or some administrative agency.

Politically / Externally imposed restraints on judicial review

Actions by Congress and the president, these branches change the appellate jurisdiction of the court threatened sanctions as court packing, remedial judicial remedies, presidential refusal to enforce a decision, congressional review of court decisions, etc. The appellate jurisdiction of the supreme court is subject to exceptions and regulations by Congress

nonjusticiable political questions

An issue the Supreme Court will allow the executive and legislative branches decide

inferior officers

Appointment of inferior officers may be vested in other departments. Congress cannot make the appointment itself but it can give the appointment to 1) the president; 2) the judiciary; 3) heads of departments.

What article gives congress the power to declare war

Article 1 Section 8

What is the source of federal judicial power?

Article 3 found within the Constitution.

What is the source of the supreme courts power?

Article 3 in the constitution, article 3 establishes the federal judiciary Article 3 section 1 states that the judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time ordain and establish

As a textual matter, the Congress can abolish federal courts, other than the Supreme Court. Briefly explain this statement.

Article 3 of the Constitution states that the Judicial power of the United States is to be vested within the Supreme Court, and in inferior courts where Congress has the power to ordain and establish when deemed fit. This article provides that the Supreme Court is mandated by the Constitution and that it can not be abolished, but the last sentence states that Congress has the power to "ordain and establish" lower federal courts, stating that Congress has the power to create lower federal courts, which also means that Congress has the power to abolish them as well.

The constitutional authority for the concept of judicial review is found in:

Article VI - the supremacy clause

Who is protected by speech and debate clause

Besides members of Congress, the immunity also covers aides who engage in acts that would be immune, if performed by a legislator [Gravel v. U.S.].

Marbury v. Madison and McCulloch v. Maryland

Both cases revolved around the power of judicial review Marbury V Madison is where the court established the power of judicial review, and McCulloch V, Maryland was the first time the court used the power of judicial review In these cases, government powers were expand beyond the specific wording of the constitution

Original jurisdiction

Cases involving foreign diplomatic personal, and to cases in which is state is a party

Under Article III, ______ control(s) the jurisdiction, both original and appellate, of the federal courts.

Congress

Responsibilities of the judiciary

Consist of the supreme court in the federal judicial center. The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws.

The Constitution permits the president to do all but:

Declare war

Responsibilities of the executive branch

Enforcing the laws of the land

Article 2 establishes what branch

Executive Branch

The case reached the highest court in Seneca, the Seneca Supreme Court, which held that the statute was unconstitutional, being in violation of both the Commerce Clause and the Supremacy Clause of US Constitution.

If the US Supreme Court reviews this case, it will reach that court: By certiorari

Courts of Appeal

Intermediate level in federal system ; 12 regional circuit courts; no original jurisdiction; strictly appellate

Cases and controversy

Issues must arise out of an actual and current case or controversy between adverse litigants the court will not entertain, hypothetical or collusive suits or render advisory opinions

Congress passes the Telecommunications Act. One provision of the Act delegates authority to the Attorney General to suspend deportation of aliens; however, Congress retains some control by allowing either House of Congress to review and reverse any of the Attorney General's suspension orders. What's the problem with this provision?

It contains a legislative veto. It will allow one house to review and reverse any of it attorney generals, powers, violates bicameralism.

Congress passes the Immigration and Naturalization Act. One provision of the Act delegates authority to the Attorney General to suspend deportation of aliens; however, Congress retains some control by allowing either House of Congress to review and reverse any of the Attorney General's suspension orders. What's the problem with this provision?

It contains a legislative veto. The authority was given to only be reversed. A legislative veto violates bicameralism and the presentment requirements.

Judicial review

Judicial review is the power of the courts to declare acts of the legislature and of the executive to be unconstitutional.

Justiciability

Justiciable refers to a matter which is capable of being decided by a court. Justiciable means that a case is suitable for courts to hear and decide on the merits.

Article 1 establishes what branch?

Legislative Branch

District Courts

Lowest level; 94 judicial districts in 50 states ; no appellate jurisdiction only original

Responsibilities of the legislative branch

Make laws, declare war, regulate interstate, and foreign commerce, control, taxing, and spending policies

Impeachment

Members of the executive and judicial branches can be removed from office upon impeachment by a majority vote in the House

President Firefly appoints Professor Wagstaff to head the Federal Resource Board. Firefly obtains the advice and consent of the Senate for the appointment. Can Pres. Firefly remove Prof. Wagstaff without the approval of the Senate? Explain

NO The president only has the authority to remove a principal officer. Inferior officers may not be removed by the president. The president would be authorized to remove his appointee.

The tenants of the E-Z Life Residential Development challenge the exclusion of minorities from the development. They claim the rent discrimination violates the federal Civil rights Act. Will the fact that their injury is not measurable in dollars deny them the standing to pursue their claim?

No this will not deny them standing injury can be identified as physical or monetary

Is judicial review spelled out in the constitution

No, it is not explicitly spelled out in the constitution It is just argued that the framers intended the judiciary to have this power

Mayor Bottoms tries to press a claim in which she has no concrete personal stake. Does this mean the issue is not ripe for review? Explain.

No, it means that the issue is not fully concrete and crystallized.

Pinocchio, age sixteen, files a class action in federal court accusing the local school board of willfully segregating the school system. When the case reaches the Supreme Court, Pinocchio is twenty years old and no longer attending public school. Should the case be dismissed on grounds of mootness?

No, it's a class action suit. The issue is moot for Pinocchio. The claims for other students are still viable.

President Elmer Fudd appoints Tasmanian Devil to a federal judgeship. Devil is a miserable failure as a judge, slobbering on the bench, eating briefs, and generally failing to carry out his duties with any degree of competence whatsoever. The House of Representatives initiates impeachment proceedings against Devil. President Fudd grants Devil a full pardon covering any impeachable offenses. Is the pardon valid? Explain.

No, the pardon is invalid because the president does not have the authority to pardon an impeachable offense.

Bonzo, star of "Bedtime for Bonzo," seeks to emulate the political success of his co-star, Ronal Reagan. Bonzo runs for president on the slogans "A banana in every pot," and "Elect a chimp, not a chump." Bonzo is elected. Sadly, but perhaps predictably, Bonzo is a flop in the Oval Office. The House of Representatives commences impeachment proceedings. Bonzo files a suit in federal court challenging the validity of the impeachment. Will the federal court hear the suit? Explain.

No, this is a political question. The House of Representatives impeaches and the senate has the power to try impeachments.

In order to make the United States Postal Service more efficient and better able to handle the new technologies available to send messages, the Congress of the United States passed legislation giving the President of the United States the authority to do a number of things to modernize the postal service, including the authority to establish new post offices able to handle the new technologies. Under the act, the President does not have to obtain the permission of Congress to establish these new post offices so long as the President declares that the new post offices are established under the act. The act also permits the President to transfer each fiscal year money appropriated by Congress to either the Commerce Department or the Interior Department for use in implementing the act without prior congressional approval of this transfer of funds from these other departments. One of the stated purposes for giving the President such authority is to provide for a quick response to technology developments so that the United States government will lose less postal revenue to private competitors. The act also contains a provision requiring the United States Postal Service "to establish uniform standards by which the President is able to determine when technological changes require the creation of new postal facilities." The President signed this legislation, and it became law. Is there a problem with this provision?

No. It provides an intelligible principle guiding the exercise of the delegated power given under the act.

Mary Adams files suit challenging a state election law which provides that an incumbent (person presently holding office) shall be listed first on the ballot. Adams claims that this gives the incumbent a big advantage in any election. Should the action be dismissed as a "political question"?

No. Reference Baker v. Carr not all questions involved in politics are labeled as political questions under five requirements

Joan F. Arc tries to press a claim in which she has no concrete personal stake. Does this mean the issue is not ripe for review?

No. Ripeness means that the issue is not concretely formalized.

Joan F. Arc tries to press a claim in which she has no concrete personal stake. Does this mean that the issue is not ripe for review

No. Ripeness means the issue has not yet formallly crystallized

Emerald City passes a zoning ordinance requiring that each new housing unit cost more than $250,000. Dorothy, a concerned university student in a nearby city, challenges the constitutionality of the ordinance in federal court. Will Dorothy have the requisite standing to pursue this case?

No. She can not prove she was directly injured by the ordinance. She is not a resident and therefore it does not directly affect her. In order to sue , To sue another party, you must have suffered an actual injury. The injury may be a physical injury, such as injuries sustained in a construction accident. However, it can also include monetary losses, such as lost wages, property damage, and medical bills.

A group of congressmen want to impeach the President because they feel his policies are detrimental to the well being of the nation. Would this be a valid grounds for impeachment?

No. This would not be grounds for impeachment. The Constitution limits impeachable offenses to treason, bribery, and other high crimes and offenses.

Congress passes a law prohibiting any citizen who is not authorized by the President from negotiating or otherwise communicating with a foreign government in order to influence that government with respect to any dispute with the U.S. Ann Nesty, civic minded celebrity, goes to Ishtar, a radical Middle Eastern country, and meets with top government officials in an effort to gain the release of U.S. citizens held as political prisoners by the government. When Ann returns, she is charged with violating the law. She claims the law is unconstitutional as beyond the scope of federal power. Is she correct? Explain.

No. Using US v. Curtis Wright as precedent, the President is the sole voice in US foreign affairs. ANN IS NOT CORRECT THE PRESIDENT IS THE SOUL VOICE IN INTERNATIONAL AFFAIRS

During a complex series of diplomatic negotiations with the Freedonians, the President enters into an Executive Agreement settling claims of US citizens against the government of Freedonia.What else must be done to create an enforceable document?Explain.

Nothing must be done after it is negotiated. This is an agreement not a treaty.

Scope of immunity - Congressional immunity

Only legislative acts are protects. These protected acts include: 1) speaking and debating on the floor of the House and Senate; 2)voting; 3) participating in committee hearings; and 4) preparing committee reports.

Standing

Parties must demonstrate that they have personally been injured

Pocahontas, who is pregnant, seeks to challenge a state statute restricting the right to an abortion in the first trimester. By the time the case reaches the U.S. Supreme Court, Pocahontas is, surprisingly enough, no longer pregnant. Is the issue moot? Briefly explain your answer

Pocahontas case is moot, but the court would not dismiss this case on mootness, because it may come up again.

What is not in the scope of immunity

Political acts are not immune. These acts include: 1)providing services to constituents; 2) helping private citizens to obtain government contracts or meet with government agencies and; 3) communicating directly with the public, whether by press releases, press conferences or speeches made outside of Congress.

Speech and debate clause protects who?

Protects members of Congress from having to worry that anything they say on the course of legislative activities, will implicate them in a lawsuit

What two arguments did Chief Justice John Marshall use in Marbury v. Madison?

Province of the court to say what law is and the Supremacy clause - constitution is the supreme law of the land. Anything that conflicts with it is null and void.

Difference between ripeness and mootness

Ripeness focuses on the potential prematurity of a lawsuit, while mootness addresses the potential staleness.

Court impose restraints on judicial review

Standing, case and controversy, mootness, ripeness, nonjusticable political questions, avoiding constitutional issues, presumption of constitutionality,

What are the rules of access to the Supreme Court? Briefly explain each.

Standing, mootness, ripeness, case and controversy, presumption of constitutionality, avoiding constitutional issues, political question

A state law contravenes a statute enacted by Congress. What clause, if any, in the Constitution would provide the answer for which of the two remains valid?

Supremacy clause

Which courts are mandated by the Constitution?

Supreme Court only

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government Article 1 Section 8 gives congress powers that a re not explicitly stated in the constitution N&P clause is the broadest clause in the constitution Stated the FED gov had the power to create a national bank and Maryland did not have the power to tax, court came to the conclusion the power to tax is the power to destroy

The president can remove principal or inferior officers

THE PRESIDENT CAN REMOVE PRINCIPAL OFFICERS

Does the president have power to deploy troops

The President has power to deploy military forces without a formal declaration of war, he does NOT have the power to declare war , congress does

Who is not protected by speech and debate clause

The Speech and Debate clause does not extend to state legislators who are prosecuted for violations of federal law.

. Who decides which cases the U.S. Supreme Court must hear on appeal from the lower courts?

The Supreme Court decides for itself which cases it will hear

Who decides which cases the U.S. Supreme Court must hear on appeal from the lower courts?

The Supreme Court decides which cases it will hear via a writ of cert

Assume for the purposes of this question only that Stevens first initiated suit in a NJ State Superior Court, rather than federal court. The Superior Court upheld the statute as a valid exercise of a state's power to protect the health, safety and welfare of its citizens. Steven then appealed to the NJ Supreme Court which refused to overturn the lower court's decision. On appeal to the US Supreme Court, which of the following is the most accurate statement? a.

The US SupremeCourt may properly review the state court decision by certiorari only

Legislative veto

The authority of Congress to block a presidential action after it has taken place. The Supreme Court has held that Congress does not have this power Congress overrides presidential action by a vote of one or both Houses or by a congressional committee

Scrooge McDukk, a citizen of Honaplenty State, sues Bob Cratchit, a citizen of Ragsenriches State for $55,000, based on a state statutory violation . He brings the action in a Hornaplenty federal court. Will the court

The court will have jurisdiction to hear the case due to diversity of citizenship

Scrooge McDukk, a citizen of Honaplenty State, sues Bob Cratchit, a citizen of Ragsenriches State for $55,000, based on a state statutory violation . He brings the action in a Hornaplenty federal court. Will the court have jurisdiction

The court will have jurisdiction to hear the case due to diversity of citizenship

Avoiding constitutional issues

The court will not pass on a constitutional question if there is some other ground on which the case may be disposed of. If a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the court will decide only the latter. Constitutional questions would be avoided if the case could be decided on other grounds

Luddy Beethoven, who is deaf, is a graduate student in music at State University. He claims that federal law requires that the University provide, at its own expense, the services of interpreters to deaf students. The University refuses to give Beethoven a free interpreter. He seeks an injunction against the University to enforce is claimed right. He loses all the way to the state supreme court, although the trail court grants a preliminary injunction and Beethoven gets a free interpreter. By the time the US Supreme Court receives his writ of cert, Beethoven has graduated. Will the Supreme Court avoid review on grounds of mootness?

The court would not avoid review the case is not moot the court has not determined who will pay for the interpreter

Due to an extreme shortage of natural gas, and without waiting for Congress to act, the President declares an emergency and orders federal officers to take possession of all available gas storage tanks and to supervise a program of allocations drawn up by the president. The owners of the gas challenge the seizure on the grounds that the President has no such power. In whose favor should the Court rule?

The court would rule in favor of the gas owners. The president does not have authority to seize private property. Congress has to give the president authority to seize and operate, private property. In this case the president has made laws and execute it then he cannot do that

Article 2 Section 1 States , indicating that most executive power is (______)

The executive Power shall be vested in a President most executive power is implied

What happens if a vote by the SC ends in a tie?

The lower court decision is left standing

If an act of Congress conflicts with a treaty obligation, which prevails?

The most recent will prevail, which ever one was passed last, or the most recent will prevail

Nonlegislative Powers of Congress

The power of impeachment Powers pertaining to the proposal and ratification of constitutional amendments

In an effort to appease both gun control advocates and the National Rifle Association, Congress passes the Federal Assault Rifle Safety Act. The Act establishes safety standards for assault rifles manufactured domestically. One provision of the Act creates a three-member "Assault Rifle Advisory Team" to investigate the safety standards and prosecute those who violate the Act. The Act provides that the President will appoint all of the members. What is the most significant constitutional problem with these provisions?

There is no problem with these provisions. This can be seen as a proper delegation of power from Congress.

What provision(s) of the Constitution gives the Supreme Court its power to determine the constitutionality of acts performed by the other governmental branches? Explain.

There is no specific provision in the Constitution that gives the Supreme Court its power to determine the constitutionality of acts performed by the other governmental branches. The Supreme Court is able to review the constitutionality of acts performed by other branches due to the power of Judicial Review. The concept of Judicial Review is not specifically stated in the constitution but it was argued by the Framers that the Judiciary is intented to have this power.

In an effort to appease both gun control advocates and the National Rifle Association, Congress passes the Federal Assault Rifle Safety Act. The Act establishes safety standards for assault rifles manufactured domestically. One provision of the Act creates a three-member "Assault Rifle Advisory Team" to investigate the safety standards and prosecute those who violate the Act. The Act provides that the President will appoint all of the members. What is the most significant constitutional problem with these provisions?

There is nothing wrong with these provisions. It is a proper delegation of power.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review Article 4 Section 2 gives the SC authority to review acts of congress and determine constitutionality

Congress passes legislation creating a Federal Elections Commission (FEC). The legislation provides that all voting members of the FEC will be appointed by the President. 'Is this selection procedure constitutional? Explain.

This election procedure is constitutional. This is a lawful delegation of powers by Congress.

Congress passes legislation creating a Federal Elections Commission (FEC). The legislation provides that a majority of voting members of the FEC will be appointed by the President pro tem of the Senate and the Speaker of the House of Representatives. Is this selection procedure constitutional? Explain

This procedure is not constitutional. There is an improper delegation of powers. Congress can not delegate powers back to themselves.

Congress passes legislation creating a federal elections commission. the legislation provides that all voting members of the FEC will be appointed by the President. is this selection procedure constitutional?

This selection procedure is constitutional This is a lawful delegation of power by congress

Appellate jurisdiction

Those cases in which the court reviews the decisions of other courts

The Teenage Mutant Ninja Turtles are on a concert tour when their plane is hijacked by a Middle Eastern terrorist group led by Splinter. Splinter demands $100 million worth of pizza in return for the Turtles. In the face of hysteria among the nation's four year old boys, the President vows publicly never to negotiate with the terrorists. However, Congress launches an investigation when it comes across videotape of a Domino's delivery truck, driven by presidential advisor Ollie Snort, heading to Splinter's alleged hideout in the Middle East. The investigation unearths an elaborate pizza-for-hostages scheme. In Snort's subsequent criminal trial, the defense seeks a deposition from the President covering conversations with Snort. The President seeks to avoid testimony with a claim of executive privilege. Will he have to testify?

YES HE WILL The Court held that a claim of Presidential privilege as to materials subpoenaed for use in a criminal trial cannot override the needs of the judicial process if that claim is based, not on the ground that military or diplomatic secrets are implicated, but merely on the ground of a generalized interest in confidentiality. The president cannot withhold evidence in face of a criminal investigation based on US v. Nixon executive privilege is not absolute in the face of criminal investigations.

A federal statute requires the President to return any personal property that has been wrongfully confiscated from a United States citizen at an airport security checkpoint. A U.S. citizen believes that her property was improperly confiscated and wishes to file a lawsuit in federal court seeking an order directing the President to return the property. The citizen files an original proceeding in the United States Supreme Court seeking a writ of mandamus directing the President to do so, relying on a federal statute that grants the Supreme Court original jurisdiction to order mandamus against the President. If the President seeks to dismiss this original proceeding, will the Supreme Court grant the President's request?

Yes, because Congress has enacted a statute that grants the Supreme Court original jurisdiction to issue writs of mandamus against the President, which is outside Article III's grant of jurisdiction to the Supreme Court.

The U.S. is attacked by a large group of radical terrorists from Upper Volta. President Firefly immediately deploys troops to Upper Volta. Is this action constitutionally valid?

Yes, it is constitutional because the president is commander in chief, no president know has abided the war powers resolution

4. Congress enacts a statue which provides that the Supreme Court may no longer hear appeals in cases arising under the National Labor Relations Act. Is this statue valid?

Yes, the constitution gives Congress control over the supreme courts appellate jurisdiction

Congress enacts a statue which provides that the Supreme Court may no longer hear appeals in cases arising under the National Labor Relations Act. Is this statue valid?

Yes, the constitution gives Congress control over the supreme courts appellate jurisdiction

The Whoopee condom company is located in the State of Flux. Whoopee buys the main ingredient of its products - extra-strength latex- from the Pow-R-Stretch Rubber Co., which is in the State of Hekawi. The latex purchased from Pow-R-Stretch accounts for 90% of Whoopee's total purchases. Whoopee's sales in Flux are $10 million a year. Things go swimmingly until the State of Flux, in an effort to combat persistent high unemployment, enacts a statute requiring all businesses with in- state sales of $5 million or more to purchase goods and/or services from in-state suppliers in an amount equal to at least half of their in-state (in Whoopee's case, $5 million). Does Pow-R- Stretch have standing?

Yes. Pow R Stretch does have standing to sue. The injury at state is a monetary loss. The state law caused a monetary loss. Injuries can be physical or monetary

Red Simon, an avowed Communist, was elected First Vice-president of the National Amalgamated Mill Workers Union. State Senator Cagey, in his investigation of Communist infiltration on the national labor unions, found a provision in the Landrum-Griffin Act which makes it a crime for a member of the Communist Party to act as an official of a labor union. After a subsequent legislative hearing, Red is dismissed from his position by the National Union's Executive Committee. During a legislative hearing, Senator Cagey made certain derogatory statements about Red Simon's affiliation with the Communist Party. In determining whether Simon has a valid cause of action against Senator Cagey for defamation, which of the following most accurately summarizes the applicable rule of law?

a Congressman shall not be questioned in any other place for speech or debate made by him during a congressional hearing

Which of the following would be a case of original jurisdiction before the Supreme Court

a lawsuit between the US and one of the states federal official

The president has the authority to make treaties with the ____ of the senate

advice and consent

Deliberative process privilege

applies to discussions among executive branch officials that are part of the government's decision-making process. This privilege can apply to executive branch officials outside of the president's inner circle, but it is both more limited in scope and easier to overcome.

Congress enacted a statute providing that where a person challenges a state energy law on the ground that it is in conflict with the federal constitution, he/she may appeal a decision by any state court upholding a state energy law against a challenge based on the federal constitution directly to the US Supreme Court. The authorization of direct appeal to the US Supreme Court is:

b. constitutional, because Congress may establish the manner by which the appellate jurisdiction of the US Supreme Court is exercised

Ripeness

cases must be ripe for review; issues must be fully crystallized and the controversy concrete.

Mootness

cases must involve controversies that are active and ongoing at the time of adjudication. cases are moot when the underlying issue which generated the lawsuit has been resolved prior to adjudication

An important outcome of Marshall's ruling in McCulloch v. Maryland was to:

confirm the supremacy of the federal government in the exercise of the constitutional powers granted to Congress

under article III ________ control(s) the jurisdiction, both original and appellate of the federal courts

congress

Congress enacted a statute providing that where a person challenges a state energy law on the ground that it is in conflict with the federal constitution, he/she may appeal a decision by any state court upholding a state energy law against a challenge based on the federal constitution directly to the US Supreme Court. The authorization of direct appeal to the US Supreme Court is:

constitutional, because Congress may establish the manner by which the appellate jurisdiction of the US Supreme Court is exercised

The rules of access to the Supreme Court include all of the following except

impartiality

The concept of standing:

incorporates concepts that cannot be precisely defined. is a requirement of Article III

What officers can the president NOT remove

inferior officers - only the attorney general can

The decision in the Marbury v Madison case established the

judicial review

The fundamental threshold question that must be addressed in any lawsuit is that of

jurisdiction

congressional immunity

members of Congress cannot be arrested for anything they say in Congress

Speech and debate clause

members of congress are protected from: 1) civil or criminal suits relating to their legislative actions 2) grand jury investigations relating to these actions The rationale for this clause -assures that congressmen are not distracted from their duties by being called into Court to defend their actions.

principal officers

members of the cabinet and ambassadors- may only be appointed by the President with the advice and consent of the Senate.

what are the presidents responsibilities

negotiate treaties, receive foreign ambassadors, nominate top federal officials, veto bills, faithfully administer the laws, pardon certain persons convicted on federal crimes, address congress and the nation

Article II, section 2 specifies that the President shall ___________________

nominate and appoint "with the advice and consent of the Senate" all Ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the U.S.

Baker v. Carr

not all questions involving politics are political questions

When Congress disagrees with a Court decision regarding the constitutionality of a statute it cannot

override the decision by repassing the same statute with a two-thirds majority of both Houses.

In most cases involving war and foreign affairs, the court has invoked the ___________________ doctrine

political question doctrine

non-legislative powers

powers of impeachment and the proposal and ratification of constitutional amendments.

Attorney client privilege

protects certain communications between a client and his or her attorney and prevents the attorney from being compelled to testify to those communications in court.

Taxpayer X believes that the Federal Endangered Species Act is unconstitutional. What will she have to show before her case can be heard on its merits?

that she has suffered personal harm as a result of the enforcement of the Act

Which of the following provisions of the Constitution did the Supreme Court rely upon in INS v. Chada to invalidate the legislative veto?

the bicameralism , the presentment clause

Snoozy is the society columnist

the case is not moot. The stipulation did not include relief for damages based on prior harassment. Snoozy may still filed for her first claim.

Supreme Court

the highest federal court in the United States; 9 justices; appeals through certiorari; original and appellate

Where there is conflict between a treaty and an act of Congress, they are of equal weight; thus, the last expression of the sovereign will control.

the later one will gain control

Which of the following is NOT a true statement?

the majority of cases heard by the Supreme Court comes through the right of appeal

Legislators in the State of Euphoria were very concerned about its skyrocketing divorce rate. Divorces in this jurisdiction were occurring at almost a 70% rate for marriages which had occurred within the prior ten years. The legislature therefore passes a law which declared that no couple could obtain a license, unless and until they have paid for and received at least 15 hours of marriage and family counseling from a licensed counselor in that state. The Euphoria State Bar persuaded the legislature not to include another provision which required a couple who had applied for a marriage license to pay for and receive at least 10 hours of classes given by an attorney of the state pertaining to community property principles. In Euphoria, a couple, could apply for a marriage license if the oldest person was at least 18 years of age, and the younger one at least 16 years old. Paul and Mary were 19 and 18, respectively. They intend to attend college, marry, and then go to law school. They were both incensed at the new law and retained Artis Schlimberger, Esq. To represent them in having the legislation declared unconstitutional. Mr. Schlimberger commenced an action on their behalf in the US District Court. In response the Euphoria District Attorney moved for dismissal. The strongest basis for dismissal is

the suit is not ripe

Under the Supremacy Clause (Article VI, section 2) treaties confirmed by the senate are _____________________

the supreme law of the land.

In 1977, the President appointed a delegation to enter negotiations with representatives of the Canadian government to study the problem of preventing the extinction of certain species of seals in the North pacific waters bounding Alaska and the Canadian provinces. The delegation's goal was two-fold: to study the problem and to formulate regulations in a bilateral agreement which would protect the endangered species and provide for a permanent commission that would continually monitor enforcement of the proposed regulations. After compiling their findings and drafting the necessary regulation, the US President and the Canadian Prime Minister enter into a treaty to form a permanent commission to oversee the problem and to grant it the necessary enforcement powers. The validity of this treaty would most likely be upheld under which of the following principles?

the treaty making power but only if the treaty is ratified by two-thirds of the Senate

US v. Curtiss-Wright

this case determined that the president has/is the sole voice in foreign affairs

Impeachable offenses

treason, bribery, high crimes and misdemeanors

Assume for the purposes of this question only that after the treaty goes into effect, the State legislature of Alaska enacts a statute which provides that "any licensed seal-hunter in the State and its surrounding environs, may increase their monthly catch of seals from ten to fifteen in each of the specified months of the authorized seal-hunting season from the first day of October until the last day of February." The enactment of the statute would most likely be declared

unconstitutional, because all treaties "which shall be made under the authority of the US are the Supreme Law of the land."