2 Test Review
Separation of powers
Presidential Appointment/Removal
Myers v. US (1926) - Woodrow Wilson fires postmaster in Oregon - Postmaster claims firing is illegal under 1876 amendments to Tenure of Office Act, which said the President can't remove executive level officials without Senate approval - S.C. rules that provision unconstitutional, saying that Presidents alone are bet able to decide if executive officers are properly assisting them in faithfully executing the law
Presidential Treaty-making Power
Goldwater v. Carter (1979) - Carter ends a treaty with Taiwan without Senate approval - S.C. refuses to rule on it, thereby implying that the President has the power to unilaterally terminate treaties Missouri v. Holland (1920) - Under a treaty with Canada, Congress passes legislation to protect the migrations of wild birds - Missouri tries to block, saying treaty and legislation interfere with state's rights - Court upholds supremacy of federal treaties, and implies federal treaties are virtually on par with the Constitution and superior to even federal laws
Presidential Power in foreign affairs affecting American Private Prop.
US v. Curtis-Wright Corporation (1936) - Congress authorizes president to restrict weapons sales - CWC argues that Congress couldn't delegate that authority to President, that power is exclusive to Congress - Court rules Congress can delegate authority when it concerns the area of foreign affairs o Since president is privy to sensitive info concerning foreign affairs, he can make the best decisions regarding such o The president has implied powers in the area of foreign affairs - What would happen if power hadn't been delegated by Congress? Dames v. Regan (1986) - Carter cuts a deal with Iran to have hostages releases, in exchange that all existing legal claims against Iran or its citizens were to be dismissed from court. - Dames and Moore had a legal claims against several banks. Argued Congress had not explicitly granted this power to the Pres. - Court rules President has the power to settle legal claims if negotiating with foreign governments without Congressional approval, as long as Congress has given implied approval before.
Does it apply to situations where no negotiations are going on? What about physical property? Prize cases (1863) - Lincoln orders naval blockade after attack on Fort Sumter - Owners of seized ships seek to have Lincoln's action declared unconstitutional - Court rules his actions are with the scope of his role as commander-in-chief. o The president may seize private property without a congressional declaration of war when repelling a sudden attack, invasion, or rebellion. Youngstown v. Sawyer (1952) - Truman orders the seizure of steel mills after a strike, fearing a shortage of steel needed for weapons - Court rules that President does not have authority to make laws, only to carry them out, when far removed from the actual theater of war.
-
Executive Privilege
US v. Nixon (1974) - Subpoena to Nixon for secret tapes; he refuses, citing Executive Privilege - Court rules is second to fundamental demands of due process of law in the fair administration of justice. Clinton v. Jones (1997) - Jones sues Clinton for sexual misconduct while he was a governor. - Clinton says the president is immune from charges for stuff that happened before his presidency. - Court rejects his argument for presidential immunity, and federal courts have jurisdiction over presidents
Executive Power, Habeas Corpus and Detention of Prisoners of War
Rasul v. Bush (2004) - Part of a number of similar cases of prisoners being held in Guantanamo bay - Turned down because they are considered aliens detained by the military abroad and have only the righs determined by the executive branch and the military Hamdi v. Rumsfeld (2004) - Part two cases where American citizens were detained for suspicion of terrorist ties - These captors were held on American soil and argued that they have constitutional rights to defense council and a timely hearing in a civilian court - Questions arose about the presidents wartime powers and the integrity of the rule of law and the jurisdiction of federal courts - The Executive branch lost for the first time since the steel seizure case - Supreme court ruled the citizens rights had been violated and were due the rights of American citizens Padilla [on Handout] Hamdan [on Handout]
Federalism
Necessary and Proper Clause
McCullough v. Maryland (1819) - McCullough, employee of national bank branch in Baltimore, refuses to pay tax by Maryland government on special paper for printing money - Court rules... o Bank can constitutionally established under the N & P clause. Necessary merely means convenient or efficient o The power to tax is the power to destroy, and states can't destroy federal institutions and vice versa (intergovernmental immunity)
Freedom of Contract
Slaughterhouse cases (1873) - Louisiana law gave monopoly to certain slaughterhouses - BBA claims this violates the privileges and immunites clause of 14 th amendment - Court rules the clause only applies to federal rights; state legislatures define state rights of citizenships - P & I clause doesn't protect economic freedom Allgeyer v. Louisiana - Court strikes down Louisiana law which imposed a fine on anyone possessing an insurance contract with an out of state firm. - Rules that 14th amendment's prohibition against depriving persons against liberty includes liberty to enter contracts. - Substantive due process Lochner v. New York (1905) - NY law prohibits working in bakery for more than 10 hours/day or 60 hours/week - Court rules that due process is substantive in that it prohibits interference by state governments with certain rights o States can regulate economy when there is a real and material danger to public or employee's health, but found in this case, there was no such danger - the freedom of master and employee to contract with each other in relation tot heir employment
Commerce Clause
Gibbons v. Ogden (1824) - Ogden paid for state monopoly to navigate NY waters; Gibbons obtains license from federal government to operate steamboat on same route. - Ogden claims Gibbons can't navigate there because federal government has no authority under commerce clause to regulate navigation - Court rules that NY's ruling conflicted with congress' ability to regulate commerce.
o Interstate regulation may affect intrastate matters as long as the activity being regulated has some commercial connection with another state o No areas of interstate commerce is reserved for state control o Completely internal commerce of a state is reserved for control by states US v EC Knight (1895) - Sherman Anti-Trust Act attempts to regulate business within states by trying to keep them from trusts; prosecutes American Sugar - Court rules that this portion of act is unconstitutional in that it tries to regulate an industry (manufacturing) that only has an indirect effect on commerce among the states. - Direct activities, such as the shipment of goods, can be possibly regulated - Direct/Indirect test NLRB v. Jones and Laughlin Steel (1937) - Jones fires 10 employees for engaging in union activities, which goes against legislation that allows workers to the right to do so - Jones argues that federal government has no right to pass this act, as it is wholly intrastate and only indirectly affects commerce - Court rules that Congress has power to regulate matters which have a substantial effect on interstate commerce. Overturns Direct/Indirect test - Commerce = national economy; anything that might affect the national economy can be regulated the by federal government Wickard v. Filburn (1942) - Ag. Act passed that regulates how much wheat can be sold and how much can be consumed by farmer growing it - Wickard claims that his consumption of wheat (he didn't sell it) has no substantial effect on national economy. - Court rules that, taken cumulative with other farmers who may do the same, his actions do have a substantial effect. Congress can regulate even wholly intrastate activities in order to help out a grand scale regulation scheme. Gonzales v. Raich (2005) - Raich was prosecuted for growing marijuana strictly for her own medical needs - Supreme court ruled opposed to Raich overturning previous rulings that had upheld California's Compassionate Use Act - The majority place a heavy emphasis on previous wheat consumption cases - The court's decisions are moving towards a tighter grip on intrastate economic activities
Limits on Congress' Commerce Power
US v. Lopez (1995) - Congress passes Gun Free School Zone Act - Lopez claims federal government has no authority under the commerce clause to regulate the possession of handguns - Court rules that regulating the mere possession was not itself a commercial activity and thus could not substantially affect commerce
An activity must be commercial and have a substantial effect on commerce for congress to regulate it (if not commercial, must have some very obvious connection with interstate commerce US. Morrison (2000) - The civil rights provision of the Violence Against Women Act - Attempted to make connection between violence and interstate commerce - Turned down, women who are victims of gender-based violence may not file Federal lawsuits against the perpetrators
-
Commerce Clause Non-Economic motivations of Congress
Heart of Atlanta Motel v. US (1964) - Ruling on the Civil Rights Act of 1964, act makes discrimination in specified establishments federal offences - Atlanta Motel, located on an interstate highway and who mainly catered to out of state guests, was contesting federal charges - Supreme court upheld act stating the discrimination affects interstate commerce Katzenbach v. McClung (1964) - Same day as HAM v. US the act is upheld more securely - Ollie's Barbeque, which is located far from an interstate and caters mostly to local diners, contested federal charges - Ruled in favor of Act
Terms
Separation of Powers each of the three departments participate in the exercise of power in the other two Theories of Presidential Power: - Constitutional Theory: Any action that the President takes must be specifically traceable to Art II Sec. 2 (no implied powers) - Stewardship Theory: President can take any action as long as it's not specifically forbidden in the constitution (implied powers) Veto power of president: can veto any act of Congress except for constitutional amendments, but congress can override with a 2/3 vote in both houses Sole Organ Theory: the president has sole power over foreign affairs. president is privy to sensitive information in the area of foreign diplomacy, and therefore can make the best decisions regarding that area of politics. Presidential Powers in Art. II: - Article 2 Section 1 the vestment clause- the executive power shall be vested in a president (President is the Ultimate authority). The President serves 4 years terms (2 terms max- established by 22 Amendment), has to be 35 years old, and a naturally born citizen. - Article 2 Section 2 the president is designated as the Commander and Chief. He has the power to grant pardon for federal offensives (this power is digressional). Power to make treaties with the consent of the senate (2/3 vote). Also to appoint Justices with senate approval (50% vote). Power to nominate ambassadors with senate approval (majority or 50%). To fill senate vacancy; appoint whoever he wants until another election is held. - Article 2 Section 3 President has the power to mandate to give a State of the Union Address to congress (usually annual). President is changed with faithfully executing of the constitution. - Article 2 Section 4 has to do with impeachment. President can be impeached on treason, bribery, or other high crimes and misdemeanors. Impeachment power of Congress: House has the sole power of impeachment (majority vote; Senate can convict (2/3 majority); if convicted, removal from office Executive Privilege: ability of the President to shield from public and legal scrutiny conversations between the President and his advisors Presidential Immunity in Civil Suits: there is none Impeachment/Clinton: Clinton is only elected President to be impeached (Andrew Johnson wasn't actually elected; he replaced Lincoln after his assassination) Federalism: Division of power usually along geographic lines where a central unit of government and subunits of government each have their own sphere of authority Confederation: loose grouping of autonomous units with final authority or sovereignty resting in the individual units themselves Unitary System: all power from one central government Implied Powers: broad reading and understanding of Constitution Necessary and Proper Clause: defines the scope and parameter of Congress' ability to carry out the enumerate powers
Federalists vs. Anti-Federalists: big debate between congress' power in Art. I Sec. 8 vs. states' rights in 10th amendment - Power not in Art. I Sec. 8 nor prohibited by Art. I Sec. 10 to states are reserved to states Missouri Compromise: big debate on whether to make Missouri a slave state of free state...compromised by making Maine a free state and allowing Missouri to be a slave state Contract Clause: Art. I Sec. 10--no State shall...pass [any] Law impairing the obligation of contracts; prohibition on state interference in the obligation of contracts Procedural Due Process: as long as there is equal procedure, then anything can be regulated Substantive due process: no matter the procedure, certain rights are always protected Freedom of Contract: citizen is free from not only physical restraint, but also free in the enjoyment of all his facilities as long as it is lawful; as such, they can enter into any contracts to fulfill those goals. Dual Federalism: Chief Justice Taney believed both states and the national government were both sovereign in their respective constitutional spheres Direct-indirect effects doctrine: ruling redefining interstate commerce as something tha has a direct effect on the interstate commerce. This eliminated mining, manufacturing, agriculture and oil production from direct interstate economic affecters. Substantial Affectation Doctrine: new doctrine which redefines what the government can regulate as interstate commerce. It is anything that has a substantial economic effect on commerce.
Justice Name John G. Roberts John Paul Stevens Antonin Scalia Anthony M. Kennedy David H. Souter Clarence Thomas Ruth B. Ginsburg Stephen Breyer Samuel Alito Appointing President Bush II Ford Reagan Reagan Bush I Bush I Clinton Clinton Bush II
Youngstown v. Sawyer (1952) Prize cases (1863) Dames v. Regan (1986) Myers v. US (1926) Goldwater v. Carter (1979) Missouri v. Holland (1920) US v. Curtis-Wright Corporation (1936) US v. Nixon (1974) Clinton v. Jones (1997) Rasul v. Bush (2004) Hamdi v. Rumsfeld (2004) Padilla [on Handout] Hamdan [on Handout] McCullough v. Maryland (1819) Slaughterhouse cases (1873) Allgeyer v. Louisiana Lochner v. New York (1905) Gibbons v. Ogden (1824) US v EC Knight (1895) NLRB v. Jones and Laughlin Steel (1937) Wickard v. Filburn (1942) Gonzales v. Raich (2005) US v. Lopez (1995) US. v. Morrison (2000) Heart of Atlanta Motel v. US (1964) Katzenbach v. McClung (1964)