Constitutional Law 1: Exam 2: Dr.Fliter K-State

New Judicial Federalism

"Adequate & Independent State Grounds Test". SCOTUS encourages States to expand civilian rights under their own State Constitutions.

Reserved Powers

*not sure*

Prisoners of War

-A prisoner of war is a person, whether combatant or non-combatant, who is held in custody by a belligerent power during or immediately after an armed conflict -Ex Parte Quirin: Unlawful combatants not subject to capture and POW status

Appointment Clause

-Article 2, section 2 -specifies the presidents authority to appoint major administrative and judicial officials, but it also allows Congress to allocate that authority to other bodies for minor administrative positions

Bowsher v. Synar 1986

-Congress cannot control how its laws are executed. Since it doesn't possess this power, it can't delegate it to its agents. The Comptroller General is an agent of Congress because it can remove him by a process other than impeachment. The Comptroller General exercises executive power and therefore, the Act is unconstitutional. -Gramm-Rudman-Hollings Act violates the separation of powers doctrine because it allows Congress removal powers over executive officers outside impeachment.

Mississippi v. Johnson 1867

-Congress passed the Reconstruction Acts. Although President Andrew Johnson vetoed the Acts, Congress overrode the veto -the state of Mississippi appealed directly to the Supreme Court. Mississippi asked the Court for an injunction preventing the President from enforcing the Acts on the ground that they were unconstitutional -Court held that it had "no jurisdiction of a bill to enjoin the President in the performance of his official duties...." The Court held that the duties of the President as required by the Reconstruction Acts were "in no sense ministerial," and that a judicial attempt to interfere with the performance of such duties would be "an absurd and excessive extravagance." -the president cannot be sued to prevent the carrying out of executive responsibilities

Unlawful Enemy Combatant

-Ex Parte Quirin -contrary to laws of war they secretly and illegally entered the country without uniform for the purpose of gathering information and destroying life and property -therefore no right to be treated as a POW

Stewardship Theory

-Executive is a general grant of power -President has all the powers listed in the constitution plus those additional powers needed to run the nation regardless of whether the constitution specifically authorizes it. -As long as it doesn't say the president CANT do it, then he can

Korematsu v. United States

-FDR signed executive order for the camps and then DeWitt strengthened it -The court agreed that Lieutenant General John L. DeWitt, he who ordered the internment of Japanese along the West Coast, knew best about the necessities of national security. DeWitt said that it was necessary to intern the Japanese because some of them might be sympathetic to the war effort in Japan, and they therefore may be a danger to American interests and society. -Uses the standard of strict scrutiny and still found it to be okay and upheld -Frank Murphy in dissent says this can't be okay using lowest level rational basis test- says its just racism -The court ruled that the U.S. had a justified action because of the possible danger that these people were. -Roberts dissents bc contradictory order -being punished for their inheratance not bc of guilt

Nixon v. Fitzgerald 1982

-Fitzgerald testified and made the defense department look bad; whistle blowing -Fitzgerald was fired 13 months later for "reorganization" -when fitzgerald did not receive another job he sued -court ruled that the president is protected from civil suits while in office -The act here is within the president's official responsibility and he cannot be questioned for carrying out this duty

Bush v. Gore 2000

-Florida Supreme Court ordered that the Circuit Court in Leon County tabulate by hand 9000 contested ballots from Miami-Dade County -every county in Florida must immediately begin manually recounting all "under-votes" (ballots which did not indicate a vote for president) because there were enough contested ballots to place the outcome of the election in doubt -Did the Florida Supreme Court violate the Equal Protection Clause of the Fourteenth Amendment -The right to vote is protected, as well as is the manner in which the exercise is carried out, by the Equal Protection Clause of the 14th amendment. A state may not, by later arbitrary treatment, value one person's vote over another.

Ex Parte Grossman

-Grossman was selling liquor in violation of the prohibition act -Does the President's power to pardon extend to cases of criminal contempt? -The ordinary meaning of phrase "offences against the United States" does not exclude pardoning someone for criminal contempt. In fact, contempts have been pardoned for 85 years

Hamdan v. Rumsfeld 2006

-Hamdan held at Guantanamo was to be tried by a military tribunal in accord with the presidents order -Does a military tribunal have the power to try enemy combatants during a time of war? No -Exigency alone does not justify the establishment of penal tribunals not contemplated by Article I or Article III of the constitution. -Neither an act of Congress nor the inherent powers of the Executive laid out in the Constitution expressly authorized the sort of military commission at issue in this case.

Hamdi v. Rumsfeld 2004

-Hamdi is captured and is a US citizen but is seen as a enemy combatant -Hamdi's father filed for habeas corpus saying he was a relief working -Bush categorizes them as enemy combatants and to detained with no due process protections -President is allowed this broad power for military force -During this time we are most challenged to provide due process -Court concludes he must receive factual basis and a fair opportunity to rebut the accusations in front of a neutral decision maker

Ex Parte Milligan

-Lincoln tried to try Milligan in a military court for being a southern sympathizer (but not an unlawful or even a lawful combatant), but the court rules that civilians cannot be tried in military courts -cant suspend habeas corpus as long a citizen courts are still in operation -No usage of war could sanction a military trial for a civilian

Youngstown Sheet and Tube co. v. Sawyer

-May a president take over an industry in order to prevent a union from striking? -The president's order does not direct that a congressional policy be executed in a manner consistent with the intention of Congress The order cannot be properly sustained as an exercise of the president's power as commander in chief. Even though the "theater of war" is a broad concept, the taking of private property in order to keep a labor dispute from stopping production does not fall under such a construct. Neither can the seizure be sustained by constitutional provisions that grant executive power to the president. The Constitution limits the president's lawmaking functions to the recommendation of laws and the vetoing of laws.

In re Neagle 1890

-Neagle was appointed by AG to protect Steven Field while he rode the circuit in california -Because of the grudge terry was to act as a body guard to field -Neagle shoots Terry that slapped the judge -Neagle arrested and didn't have authority to shoot Terry -Does the President, without congressional action, have the authority to issue an executive order through the attorney general, to authorize the protection of Supreme Court Justice? -yes, presidents have the power to enforce laws with or without congressional approval

NLRB v. Canning 2014

-Obama appointed officers to NLRB during a congressional recess. Was that a period that he could appoint officers? -Court held that a pro forma session does not create a recess long enough to trigger the Recess Appointments Clause -Court held that the three-day break that occurs during pro forma sessions does not represent a significant interruption of legislative business and therefore cannot justify the exercise of the Clause -pro forma session cannot be viewed as a single, long recess because the Senate retains its capacity to conduct business during such sessions

Clinton v. Jones 1997

-President Clinton was sued for sexual harassment by Paula Jones from before he was president -President can be sued for actions he takes as an ordinary citizen and NOT as president. Immunity stems from the office of the presidency and not the private person in the office. Includes acts from before he is POTUS or acts unrelated to the position.

Presidential Veto Power

-Presidents can sign, veto, or ignore bills. -If the president vetos, congress can attempt to override his veto with a 2/3 vote

Ex Parte Quirin

-Richard Quirin, an American citizen, attempted to sabotage American infrastructure w/o donning a military uniform. The court upheld Roosevelt's decision to try Quirin before a military court because he was a belligerent and an unlawful one at that. -Differs from Milligan in that Quirin was a combatant and Milligan was not. Militants are subject to military law; noncombatants are not subject to the law of war and therefore cannot be tried before a military court. -can't get military status

U.S. v. Curtiss-Wright Export Corp. 1936

-Roosevelt could issue an order prohibiting munitions sales to warring nations in the Chaco border dispute because the President has not only the authority vested by an act of Congress, but plenary, exclusive (broad and inherent) power necessary as "the sole organ of the federal government in the field of international relations."

Clinton v. City of New York 1997

-Ruled against line item veto -no provision in the constitution that authorizes the president to enact, amend, or repeal statutes

The Prize Cases

-Ruled that Lincoln had the right to blockade southern ports in possession of rebellious states because he was suppressing an insurrection of armed, hostile resistance in the civil war. Lincoln was the one who decided how much force is required to quell the crisis. -Court noted that the "president was bound to meet the [Civil War] in the shape that it presented itself, without waiting for Congress to baptize it with a name; and no name given to it by him or them could change that fact." -president has the right to act during insurrection -You cant declare war on the Union

War Powers Doctrine

-The federal government may exercise more power during times of war and national emergency than during peaceful times -It is not clear, however, at what point these extraordinary powers become active or just how far these government powers extend

Roger Taney

-Took over as chief justice when Marshall died -was a Jacksonian Democrat; full believer in Jackson's ideas -in many opinions his explicated the theory of duel federalism -read the 10th amendment in a broad sense -wrote the decision in Scott v. Sandford

Signing Statements

-Used by presidents to comment on the law being signed -have no legal effect, not in the constitutional legislative process -Such comments can include giving the President's interpretation of the meaning of the law's language; asserting objections to certain provisions of the law on constitutional grounds; and stating the President's intent regarding how the President intends to execute, or carry out, the law, including giving guidance to executive branch personnel -are becoming increasingly prevalent

Executive Immunity

-Variation of executive privilege, extent to which the president is protected from lawsuits while in office

Murphy v. Ford 1975

-When Ford pardoned Nixon -Murphy filed suit to assert that the president cannot pardon someone who hasn't been charged or indicted. Court held that the president may pardon before someone is convicted, charged, or indicted.

Line Item Veto

-allowed the president to cancel particular taxing and spending provisions after they were signed into law -In 1996 Congress finally agreed and enacted the Line Item Veto Act which allowed the president that power -Decided line item veto was unconstitutional in Clinton v. City of New York

Executive Privilege

-certain conversations, documents, and records are so closely tied to the sensitive duties of the president that they should remain confidential. -Neither legislature or judicial should be able to access the materials without the presidents consent -inherent to the office of the president

Morrison v. Olson 1988

-court ruled that a group of judges can appoint a special prosecutor under the Ethics and Government Act of 1978 -special prosecutor is an inferior office, specific jurisdiction, term limits...

Legislative Veto

-executive branch makes policies that Congress can veto by a vote of both houses, one house, or even a committee -court banished legislative vetos in Chada case, however congress still practices them -huge surge of legislative vetos after watergate and Vietnam; people had too much power

Executive Agreements

-international agreements brought into force with respect to the United States on a constitutional basis other than with the advice and consent of the Senate are "international agreements other than treaties" and are often referred to as "executive agreements." -Executive agreements don't have to be approved by the senate -can be written or verbal

Cooperative Federalism

-operates under the assumption that the national government is supreme even if its actions touch state functions. States and federal gov. are partners -rejects view of constitution as a compact; the people empower the government -10th amendment doesnt give additional power to the states -necessary and proper to be read expansively -supremacy clause means supreme even if national government touches state functions

Duel Federalism

-operates under the assumption that the two levels of government are coequal sovereigns, each supreme within own sphere -constitution is compact among states, contract btw states and federal government -10th amendment reserves certain powers to the states -necessary and proper read narrowly

Myers v. United States 1926

-the court rule that the president has the sole power to remove a person he has appointed with the advice and consent of the Senate -senate plays no role

Pardon Clause

-the president shall have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment -a pardon erases all penalties and other legal effects of a criminal conviction -president may pardon only individuals charged with federal offenses not those in violation of state criminal laws

Take Care Clause

Article 2, Section 3 which states that the president shall be given the responsibility to "take care that the laws be faithfully executed."

INS v. Chadha 1983

Congress passed an immigration statue giving an administrative agency certain powers and the President signed off on it. However, the statue included a provision for a legislative veto that allowed either the Senate OR the House to overrule administrative decisions with a simply majority vote and no Presidential signature to be effective. Court ruled this to be unconstitutional because the Constitution requires Presidential approval and both houses must pass a bill before it's presented.

Boumediene v. Bush 2008

Congress passed the Military Commission Act (MCA) which authorized the use of military commissions for a suspected terrorist. MCA denied federal courts jurisdiction to hear the detainees habeas corpus applications. -Justices held that Guantanamo detainees have a right to challenge their detention in federal court -struct down the part of the MCA that stripped the federal courts of the power to hear habeas petitions

Electoral College

Framers designed the EC system to allow the general electorate to have some influence on the selection of the president without making it a direct election. Each state has electors equal to the number of delegates in the house in the senate. The thought was that the state is selecting its most qualified citizens to make the decision. Has caused some problems in the past since popular vote doesn't guarantee a win.

Unfriendly Delegations

Legislative Veto

Dames and Moore v. Regan

May the president make an agreement that nullifies all lawsuits against Iran? -president, with the implicit approval of congress has the power to settle claims of US citizens against foreign gov's through an executive agreement -The crucial element to today's decision is that Congress has implicitly approved the practice of claim settlement by executive agreement.

New Deal Delegations Exceptions

Panama Refining v. Ryan Poultry v. US -All other cases were upheld except these two -Both cases are product of the NIRA -was giving private entities law making power; from congress to the president to interest groups or private sectors

United States v. Nixon 1974

Ruled that presidential privilege against disclosure of confidential communications based on general interest in confidentiality does not prevent the president from being subpoenaed to produce relevant evidence in a criminal trial.

Mistretta v. United States

Sentencing Reform Act of 1984 created an independent commission of the judicial branch to create sentencing guidelines for all federal offenses, and lower court judges would be bound to these. Is a separation of powers issue. Ruling said that because the Act sets forth more than an "intelligible principle"/minimal standards Congress is not necessarily confined to the method executing its policy via the least delegation of discretion to administrative officers. -The separation of powers doctrine and the non-delegation doctrine do not prevent Congress from obtaining assistance of other branches of government.

Sovereign Immunity

States cannot be sued by their citizens within their courts or federal courts when it regards congressional statutory laws.

Train v. City of New York 1975

That the Environmental Protection Agency (EPA) did not have to allot federal funds in their entirety to states according to the Federal Water Pollution Control Act Amendments of 1972.

Habeas Corpus

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention

Humphrey's Executor v. United States 1935

The president's ability to remove someone from office could be limited based on the character of the office (Quasi-legislative/judicial offices that are independent are not to be fired by the POTUS) Differs from Myers because Myers did not execute legislative or judicial functions nor was Myers wholly independent of the executive branch. POTUS can't fire someone for political differences.

Presidential Impeachment

Two stage process: 1: HOR investigates the charges against the incumbent. Constitution stipulates that impeachment can occur upon charges of treason, bribery, or other high crimes and misdemeanors. 2: trial takes place in the senate with the chief justice of the US presiding. Conviction requires the agreement of 2/3 of the voting senators.

Federal Preemption

When congress passes a law that interferes with the laws that states are making, the Supremacy Clause allows for the Fed. laws to take over. (ex. No Child Left Behind Act)

War Powers Act 1973

acknowledges the right of the president to undertake limited military action without first obtaining formal approval from Congress but requires the president to file a formal report with Congress within 48 hours of initiating hostilities. Military action is limited to 60 days with a possible 30 day extension. -response to Vietnam, thought it would give the president less power but actually gave him more power -because the congress can end a commitment at any point, they technically have legislative veto, however that has never happened

Intelligible Principle Doctrine

articulated by Taft in defense of delegation of powers by congress as long as they give whoever they are delegating an intelligible principle to follow

Non-Delegation Doctrine

don't delegate legislative power to executive branch

Friendly delegation

has no legislative veto; just a delegation of power

Zivotofsky v. Kerry, Secretary of State 2015

holding that the federal statute unconstitutionally usurped the President's power to recognize foreign nations as it relates to passports. The Court held that, although the Constitution does not explicitly address the issue of recognition of foreign nations, the Reception Clause in Article II of the Constitution—which states that the President will receive foreign ambassadors—grants the President the power to recognize foreign states

Concurrent Powers

powers that are shared by both the federal government and each state

Tenth Amendment

the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people