Term
| Panama Refining Company v. Ryan (1935) |
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Definition
| delegation of powers rejected as unconstitutional because no guide to limit grant of authority |
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Term
| Schechter Poultry v. US (1935) |
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Definition
| delegation of powers rejected because no definitions provided |
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Term
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Definition
| legislative vetoes are unconstitutional because the violate the separation of powers |
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Term
| "Clinton v. City of New York, 1996" |
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Definition
| Holds that the Line Item Veto is unconstitutional because it does not treat the law as a package |
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Term
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Definition
| "Power to investigate is broad, but not unlimited." |
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Term
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Definition
| National Security is a justifiable reason for forcing people to testify in front of HUAC |
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Term
| Who switches their votes between Watkins and Barenblatt? |
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Definition
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Term
| "Based on Myers and Humphrey, what types of officers may the president fire at will?" |
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Definition
| Pureley executive officers may be fired at will. |
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Term
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Definition
| "Postmaster General; authority to remove officers is inherent in executive power, may be fired at will if the post is exclusively executive" |
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Term
| "Humphrey's Executor v. US, 1935" |
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Definition
| Chair of the FTC--Quasi executive offices may be fired only persuant to statutory cause |
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Term
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Definition
| "Independent prosecutor is a constitutional appointment, does not violate separation of powers" |
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Term
| "Ex Parte Milligan, 1886" |
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Definition
| civilians cannot be tried in military courts because of their 6th amendment right to a jury before their peers |
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Term
| What does Roberts say in his Korematsu dissent? |
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Definition
| "in his dissent, he says that the relocation camps concentration camps, and then calls them abhorrent to the constitution" |
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Term
| What does Murphy say in his Korematsu dissent? |
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Definition
| "in his dissent, he says that the relocation camps are barely concealed racism" |
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Term
| What does Jackson say in his Korematsu dissent? |
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Definition
| "in his dissent, he is afraid of the precedent the case sets. He also believes that the US is percieving a threat because of racism, not vice versa." |
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Term
| "Youngstown v. Sawyer, 1952" |
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Definition
| limits the presidential authority to seize private property during wartime in the absence of specifically stated authority |
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Term
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Definition
| The president cannot use executive privledge to withold evidence that is applicable in an ongoing criminal trial |
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Term
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Definition
| "attorney-client privlige cannot be claimed when the lawyer is not acting in their official capacity, acting on ones behalf as a private attorney" |
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Term
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Definition
| "There is no ""protective function privilege"" of the Secret Service" |
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Term
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Definition
| Officials are granted absolute immunity when they are acting in their official capacity |
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Term
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Definition
| Officials are not immune fron suit for action not taken in their official capacity |
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Term
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Definition
| FDR's agreement with the soviet union--executive agreements are constitutional and legally binding. |
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Term
| "US v. Curtis Wright Corp, 1936" |
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Definition
| Congress delegates power to executive who prohibits a sale of arms to Bolivia; strict rules for delegation of power apply domesticaly only |
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Term
| What is the first prong of interstate commerce? |
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Definition
| "Any good, channel, or commodity of interstate commerce" |
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Term
| What is the second prong of interstate commerce? |
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Definition
| Any instrumentatlity of interstate commerce |
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Term
| What is the third prong of interstate commerce? |
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Definition
| Any class of objects or activity that is inherently interstate in nature |
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Term
| What is the fourth prong of interstate commerce? |
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Definition
| Any interstate activity that substantially affects interstate commerce |
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Term
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Definition
| "double tractor trailer prohibition frustrates, impedes, or retards interstate commerce and therefore is unconstitional" |
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Term
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Definition
| regulation of stockyards; cannot drop in and out of the stream |
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Term
| "Shreveport Rate case, 1914" |
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Definition
| cannot discriminate between inter and intra state commerce |
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Term
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Definition
| Lottery tickets; may be regulated through the mail |
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Term
| "Heart of Atlanta, 1960s" |
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Definition
| "aggregate affect of allowing discrimination in motels retards, frustrates, and impedes interstate commerce" |
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Term
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Definition
| Ollies Restaurant in violation of the Civil Rights Act of 1964 because it serves food that was a product of interstate commerce and the aggregate affect of allowing discrimination frustrates interstate commerce |
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Term
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Definition
| """Gun Free School Zone Act"" deemed unconstitutional because guns are not inherently interstate in nature " |
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Term
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Definition
| "Sugar manufacturing monopoly cannot be regulated by Congress because it is a series of stages, not a stream" |
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Term
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Definition
| "Child Labor, deals with production and not distribution; the good entered the stream after the evil had occurred." |
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Term
| "Carter v. Carter Coal, 1935" |
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Definition
| "Mining of Coal is an instate activity because of its local origins, and cannot be regulated by Congress" |
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Term
| Who was the swing vote in 1937? |
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Definition
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Term
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Definition
| ends the distinction between production and distribution; deals with steel industry |
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Term
| Who were the four horsemen of the USSC? |
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Definition
| "McReynolds, Butler, Sutherland, VanDevanter" |
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Term
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Definition
| "upholds the Fair Labor Standards Act, congress can regulate employment conditions under the commerce clause. Overturns Hammer." |
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Term
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Definition
| State line between farmers field and his dinner table; power applicable to both the supply and demand side of commerce |
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Term
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Definition
| Colored/uncolored butter; disincentive taxes are upheld. |
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Term
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Definition
| Furniture made by companies who knowingly use child labor cannot be taxed because the tax is not used for income |
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Term
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Definition
| redistribution of wealth among farmers held unconstitutional |
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Term
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Definition
| Social Security redistribution of wealth welfare system is upheld |
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Term
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Definition
| Congress can use money to influence the states; drinking age |
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Term
| What are the 3 guidelines that the USSC sets up for providing incentives/disincentives to the states? |
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Definition
| "(1) conditions must be clear, (2) actions must be constitutional, and (3) the expenditure must be reasonably connected" |
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