Exam 2 - 1 U.S v Curtiss Wright President is sole organ of...

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1. U.S. v. Curtiss Wright – President is sole organ of foreign affairs – incorrectly drawn from a John Marshall speech 2. Dames & Moore v. Regan – Acting under congressional authority, President can order freeze of foreign nation’s assets in US (end all court action against Iran in exchange 3. Missouri v. Holland – US signs treaty protecting migratory birds, States say because of 10 th amendment hunting/protection powers belong to states, Holmes says treaties are equal to constitution and therefore constitutional (supremacy clause) States can’t fight treaties’ constitutionality 4. US v. Pink – US agreed to help USSR recover assets from First Russian Insurance Company (NY Superintendent of Insurance didn’t want to release them), States can not fight US on foreign affairs/policy 5. The Prize Cases – President can act absent of Congressional authorization if there is a threat to the nation (Lincoln’s blockade order 3 months before war declared on South) 6. Ex Parte Milligan – Habeas Corpus trial during Civil War, US citizen arrested in Indiana, tried in military tribunal, court said he should have been tried in normal court as the courts were open (opinion came down a year after war ended though…) 7. Korematsu v. US – Japanese internment camps are OK – Strict Scrutiny for cases involving any discrimination for compelling government interest (this was first time used for racial discrimination case) 8. Rasul v. Bush – British and Australian Citizens picked up in Afghanistan, Guantanamo, Requested 5 th amendment due process protection, not US citizens, US has no jurisdiction over Guantanamo (permanent lease from Cuba), Court says they can bring forward habeas petitions as US does have complete jurisdiction and control over Guantanamo, not dependent on citizen status 9. Hamdi v. Rumsfeld – US Citizen taken prisoner in Iran, enemy combatant (NO Due
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  • Spring '08
  • Wollenberg
  • Separation of Powers, President of the United States, United States Congress, Habeas corpus, Hamdan v. Rumsfeld

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Exam 2 - 1 U.S v Curtiss Wright President is sole organ of...

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