Test 2 Review

Test 2 Review - Test 2 Review Separation of powers...

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Test 2 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.
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- 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
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Test 2 Review - Test 2 Review Separation of powers...

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