Pol Sci 71A F06 Midterm 2

Pol Sci 71A F06 Midterm 2 - afar—x“ PS71A Introduction...

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Unformatted text preview: afar—x“ PS71A: Introduction to Law MIDTERM #2 (part 1 of_2) SEPARATION OF POWERS ~— PADILLA CASE Fall 2006 )Ie Student ID# ‘ ”’ Please address the following 4-PART QUESTION on Separation of Powers ' (Padilla case plus background cases); the subcomgonents of this question are presented at the top/front of each attached page; be sure to write on each attached page! [The second part of this exam (Federalism — Morrison case) is provided in a separate packet; be sure you submit both packets] The following statement applies to all pages of this package: From time to time, a President may take some form of action that falls within the federal sphere of authority yet is arguably "legislative" in nature (i.e., "making law"). Such action could be challenged on the grounds that by doing so the [9‘69 Answer the following based on the concept of' 'separation of powers" with consideration of the related excerptsU found in the coursepa'cket from the 59' cases of Schechter Poul Co S(1935), United States v. Curtiss/ President 18 acting in an unconstitutional manner g WV; Wright Corp. (1936), and Youngstown USheet & Tube Co. v. Samer (1952) issenti. MEWS (including Justice Jackson s concurrence and Chief Justice Vinson' s d r 5M3 Flo (mam/l nan/l1 - Continue to ‘page 3 ” of this package... TWS S 0' 2. Assume for purposes of this question that 1n 2001 Congress_ did expressly or ' E impliedly say “”OK to the military detention of a U. S. citizen: «— Do you think this‘ ‘exception” to the NDA would truly apply to the facts E1 of Padilla’ s case? a! n g — Why or why not? é . jfl lfl UDJ‘l’ [No-wed 9%‘3 began“ :6A 96140011601 was awe; can sail. If mill/633 gal/6 Wm ‘b’us leggpjjan, 1% $3 4 cud am waxed; 1F- mfla was fiU/‘w, d MAB/01¢ a '01.!— (1 S (fia/md! case) ‘33 }S W filmEad/Ifla Wt 26 bygflmg LEE? (9(0- @137? M731; War EM @(m iii???“ " '6$§ mug [41 A w; 121" In” gfldafltg- ‘F '5 ma “1* M’L', Iva 1' l‘ ’ ¢ 3. Assume for purposes of this question that in 2001 Congress gli_d_ expressly or impliedly say “OK” to the military detention of a US. citizen: — Do you think this “exception” to the NDA has sufficiently clear standards to be constitutional? — Tip: compare this case to the Schechter Poultry case. siw 0 ‘IM' egowvh‘cm 0L: Sum/h OLSI “its w mwmws“ Ms»? H’ doe/5141} a. u'F-fcaH address Mfsswe - r Wham Him act/Illa: Case 0m. 0‘ ’va Ema/la" EME‘ case mmvan Luau; aim/wad WWS'i'H‘l/Lfi-JVLGKQ W 13'0‘10UV‘CZI_hLPrfi.ihgz Laxa/ Mining QM Tim M Baggage iii/UL Edd-3&4 in-P—ut. TU 625655323 Tim; EXEC“ hat—ed TD gar Tim- Mgoeclfl’e, f0 include ”1'“ TM 118-“ 01.15% ML: CUoQ/zf" 7M dominw-l— a? W W190... {-g? bat/ff— Canal/ass ficdfir‘cduq oWLi-ed Wis maid/likes..- 4. Assume for purposes of this question that Congress did not expressly or impliedly say “OK” to the military detention of a US. citizen: — Once again, what federal law might have stood in the way of military detention of a United States citizen? — Do you think that anything in the “spirit” of Article II of the Constitution could give the President independent authority for his action? Explain. (Tip: compare this case to the Curtiss- Wright case.) 11M, Rabbi/0.6 [aw s—Izmou' m m w of a [AT—a 2514 0L (1.: gfljjzgn would be M Eon Mt—iovx Ph:-£~’ Whidln $2QMEcaltg 5&3 gm cign'i— do out lvx v (gs—W124 m m “Pres. was globe b v94 m “@g‘git“ Q; aim-fem 31, (3th Qtaim latrvg {weigh 3%)??de game/VS sauce \j: Oneal-l- wfl—H gelling! mom's '\’0 Vtvfcx. {A— m Pad-{lids cat 3% am QQQA‘L-Oi 3Q1\"\(\ qgmshc Qflg A’rz- OM. @ Elm WW? amid (we ms. + m“ humid be, Mt lag}; CommW—irx—-otru'<.P-, 8' we U-C $51—an rm ,M‘S aim? g Twig. c-l— This cam ...
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