POLI 4020 Presidential Powers

In Youngstown Sheet & Steel (1952), the Court upheld Presidential seizure of property during war.

false

Presidential and Congressional powers under war time are only recognized if there is a declaration of war.

false

The President has to power to make pardons, but not pre-emptive pardons.

false

The term "enemy combatant" is generally a synonym for "prisoner of war"

false

The clause found in Article I Section 9 regarding one's right to challenge one's detention is called the

suspension clause

In Hamdan v. Rumsfeld (2006), which of the following did the Court use to limit the power of military tribunals?

A treaty signed by Congress

Where does the President get his powers?

Article II and/or delegation of power from Congress

Which of the following are compatible with the principle of judicial deference to legislatures?

Champion v. Ames (1903) (lotteries) Barenblatt for US (1959) (House Un-American Activities investigation) West Coast Hotel v. Parrish (1937) (law regarding minimum wages and back pay) Heart of Atlanta Motel v. US (1964) (civil rights & public accomodation) McGrain v. Dougherty (1927) (teapot dome)

Which of the following is true about the interpretation of the 14th Amendment in between about 1895 and 1937?

The 14th Amendment was interpreted broadly in tems of economic liberty--but narrowly in terms of civil rights.

It was not a Supreme Court case.Which of the following is true about the Merryman case, regarding the detention without charges of a Baltimore mliitiaman who was destroying bridges over which Union troops planned to travel?

It was not a Supreme Court case.

Which of the following was true of Congressional Reconstruction after 1866?

It was spurred by the passage of Black Codes in the South, and southern states' refusal to ratify the 14th Amendment

Which is true of the Prize cases?

Lincoln ordered a blockade of southern ports (that Congress retroactively approved), and the Court upheld it.

The following quote is from which case? I dissent, therefore, from this legalization of racism. Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. It is unattractive in any setting, but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States. All residents of this nation are kin in some way by blood or culture to a foreign land. Yet they are primarily and necessarily a part of the new and distinct civilization of the United States. They must, accordingly, be treated at all times as the heirs of the American experiment, and as entitled to all the rights and freedoms guaranteed by the Constitution.

Korematsu (1944)

In this court decision, the Supreme Court upheld Executive Order 9066. Justice Black, writigng for the majority, said "Congress, reposing its confidence in this time of war in our military leaders -- as inevitably it must -- determined that they should have the power to do just this. There was evidence of disloyalty on the part of some, the military authorities considered that the need for action was great, and time was short. We cannot -- by availing ourselves of the calm perspective of hindsight -- now say that, at that time, these actions were unjustified."

Korematsu v. United States (1944)

Which of the following are compatible with the principle of judicial deference to legislatures? (multiple answers allowed)

McGrain v. Dougherty (1927) (teapot dome) Champion v. Ames (1903) (lotteries) Barenblatt for US (1959) (House Un-American Activities investigation) Heart of Atlanta Motel v. US (1964) (civil rights & public accomodation) West Coast Hotel v. Parrish (1937) (law regarding minimum wages and back pay)v

Which of the following is true about categories of military law?

Military government refers to the government established when there are occupying troops (i.e., U.S. military government of Louisiana during the latter half of the Civil War)

Which of the following could be used as a justification for Lincoln's decision to suspend the writ of habeas corpus shortly after the Civil War started, in the limited area between Philadelphia and DC?

The fact that the Union was under attack by secessionist forces in Maryland, and the Constitution allows the suspension of the writ "in Cases of Rebellion or Invasion -- and Congress was not in session.

One of the most heated debates at the Constittuional convention and at state ratification conventions was over the fact that there was no absolute suspension of the writ of habeas corpus. What is the writ of habeas corpus?

The right to know the reasons for one's detention

Which of the following is considered a plenary (close to absolute) power of Congress?

immigration

Executive privilege refers to the Presidential privilege (under some occasions, but not absolute) to keep communications confidential.

true

Generally, the Court in U.S. history has avoided challenging the political branches of government (Congress and the executive) during wartime.

true

Presidential powers to pardon offenses against the U.S. -- hypothetical, pre-emptive, or actual -- is close to absolute.

true

What is the term for the document that challenges the legality of detention?

writ of habeas corpus