Term
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Definition
(1962): specified criteria for political questions a. Political Question Criteria
i. Textually Demonstrable Constitutional Commitment to some non-court entity
ii. There’s no judicial remedy (the court doesn’t have power to fix the problem)
iii. Impossibility of decideing without first making a non-justiciable decision
iv. Unusual need for adhering to a prior decision
v. Unreasonable imposition on the other branches of Government
vi. Potential for Embarrassment and the disruption of the political process. |
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Term
| 2. Barenblatt v. United States |
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Definition
a. Barenblatt asked by the HUAC about affiliations with the Communist Party. In response, HUAC held him in contempt
b. Rule XI so vague that authority constructed upon it is invalid (per Watkins)? No, the purpose (investigation of communism) lined up with the questions so its totally fine.
c. Questions of ideological affiliation infringe on First Amendment rights? Heck no. |
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Term
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Definition
a. The MCA is not an adequate suspension of Habeas Corpus
b. Contra-Bush, detainees were not barred from seeking habeas or invoking the Suspension Clause merely because they had been designated as enemy combatants |
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Term
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Definition
a. Fair count is necessary (see equal protection clause)
b. Vague “intent of the voter be discerned” guideline is too vague to be a fair count. |
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Term
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Definition
| a. Is a serving President, for separation of powers reasons, entitled to absolute immunity from civil litigation arising out of events which transpired prior to his taking office? No! He can be sued because the Constitution does not prohibit these branches from exercising any control over one another. |
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Term
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Definition
a. Sentenced to death by a military commission in Indiana during the Civil War. Milligan sought release through habeas corpus from a federal court.
b. Does a civil court have jurisdiction over a military tribunal? Trials of civilians by presidentially created military commissions are unconstitutional. Martial law cannot exist where the civil courts are operating. |
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Term
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Definition
| a. Congress only and not the states, Unrestricted power to regulate interstate commerce. The only restraint is political. |
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Term
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Definition
a. Can you grow at your home? No!
b. Can regulate non-commercial, local activity for the sake of interstate commerce.
c. Necessary and Proper Clause: Aggregate effect can be used because the broader regulation would be undercut if the specific regulation were unenforced. You can’t control the interstate involvement of goods if you can’t control those goods locally. |
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Term
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Definition
a. Upon a congressional authorization of military force, president can detain but cannot deny due process to a citizen classified as an enemy combatant.
b. detention is part and parcel to war waging
c. duration of detention, according to the law of war, may last only as long as the conflict
d. court has full jurisdiction in wartime |
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Term
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Definition
a. Right to regulate wages and hours belongs to the states
b. Intrastate Manufacturing is not touchable by Congress even if the products are sold across state lines. |
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Term
| 11. Heart of Atlanta Motel v. United States |
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Definition
a. Title II of the Civil Rights act does not violate the rights of anyone to choose their own customers because it was “carefully limited to enterprises having a direct and substantial relation to the interstate flow of good and people”
b. You can regulate morality |
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Term
| 12. Korematsu v. United States |
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Definition
| a. Power to move citizens is an okay military power in war. We can round up the Japanese because some of them might be not loyal to the United States. |
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Term
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Definition
| a. Judicial Review: the court has the authority to strike down any action (even of the government) as unconstitutional |
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Term
| 14. McCullough v. Maryland |
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Definition
a. The US can make a bank
b. Loose Construction is established as okay
c. Any constitutional means for the enumerated ends
d. Based on the Necessary and Proper Clause (the elastic clause) |
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Term
| 15. NLRB (National Labor Relations Board) v. Jones & Laughlin Steel Corporation (1937) |
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Definition
| a. Substantial Effects Test: if a non-commercial activity has a substantial effect on interstate commerce then it can be regulated |
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Term
| 16. Nixon v. United States |
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Definition
a. Can Walter Nixon be tried by a committee of the Senate instead of the whole body? Yeah. The word “trail” doesn’t mean it has to be a judicial trial, it just has to determine his guilt
b. Question: Justiciability: not justiciable because congress has sole authority to try all impeachments because those are political questions. |
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Term
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Definition
| a. President has immunity for official acts |
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Term
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Definition
a. The constitution does not have power to deny correctly elected members by majority vote, they already have the power of impeachment
b. The standards have been fixed in the constitution |
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Term
| 19. Printz v. United States |
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Definition
a. Brady Hand Gun Act
b. necessary and proper clause does not allow congress to make the states act or administrate a federally ordered program |
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Term
| 20. United States v. Darby Lumber |
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Definition
a. Fair Labor Standards Act
b. Regulate labor standards is okay as regulation of interstate commerce (the tenth amendment is only a truism) |
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Term
| 21. United States v. Lopez |
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Definition
a. There are outer limits on federal regulatory power i. Channel of Commerce ii. Object or Mechanism of Commerce iii. Affect Commerce
b. You can't regulate it if its non-economic |
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Term
| 22. United States v. Nixon (President) |
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Definition
| a. Executive privilege doesn’t stop the court from subpoenaing personal, non-diplomatic/non-military evidence. |
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Term
| 23. U.S. Term Limits v. Thornton |
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Definition
| a. A state cannot add qualifications for running for a federal office (like senator) |
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Term
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Definition
| a. Can the government regulate “in aggregate?” Yes. Non-commercial intrastate activity. |
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Term
| 25. Youngstown Sheet and Tube Company v. Sawyer |
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Definition
25. Youngstown Sheet and Tube Company v. Sawyer
a. President without congressional mandate or specific constitutional power cannot seize the steel plants.
b. Three Levels of Presidential Power
i. Congress Speaks; President Acts
ii. Congress is Silent; President Acts
iii. Congress Objects; President Acts
1. He better have direct constitutional authority to do this. |
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