Constitutional Law Midterm 1 Flashcards
(111 cards)
0
Q
Federal District Court (characteristics)
A
Most cases start and end here. Plaintiff v. Defendant 94 in our country (closest in Sac) ~680 judges nationwide Also exist in US territories No discretion over caseload (must hear case) Court of first impression
1
Q
How is the American judicial system structured generally?
A
We have a dual court system (state & federal). 3 tiers of federal government (federal district courts, circuit court of appeals, US Supreme Court).
2
Q
Circuit Court of Appeals (characteristics)
A
California in 9th circuit (28 judges) Appellant v. Respondent (appellee) Appellant (lost @ district court) Respondent (winner @ district court) Hears appeals (only appellate jurisdiction) Error correction 3 judge panel Submitted on brief cases
3
Q
US Supreme Court (characteristics)
A
Highest federal court
Only court created by the Constitution
Other courts created by Congress
9 judges (appointed for life by president)
Holds original & appellate jurisdiction
Can file original jurisdiction when cases deal w/ foreign diplomats
Can be stripped of jurisdiction
Decide ~80-90 cases per year. They boot the rest. Must hear original jurisdiction cases but there aren’t many.
Members each have 4 attorneys who work for them.
Only decides cases from Oct-Jun
4
Q
Stripping jurisdiction
A
Congress says US Supreme Court can’t hear certain types of cases (flag burning) by passing a law. Constitution permits this.
5
Q
Justices of the US Supreme Court (9)
A
Liberal (Sotomayer, Ginsberg, Kegan, Breyer)
Middle (Kennedy)
Conservative (Scalia, Thomas, Chief Roberts, Alito)
6
Q
Original v. Appellate Jurisdiction
A
Can file original jurisdiction when cases deal with foreign diplomats and across state lines.
Can file an appeal when appellant thinks that there was an error during trial.
7
Q
How do cases get to the US Supreme Court?
A
1.) File federal or diversity and citizenship question –> Federal
District Court –> Federal Circuit Court –> Petition for Writ of Cert. (Rule of 4) –> US Supreme Court
- ) Original jurisdiction –> US Supreme Court
- ) State Trial Court –> State Court of Appeals –> State Supreme Court –> federal question –> petition for writ of cert. (Rule of 4) –> US Supreme Court.
- ) State Trial Court –> writ of habeus corpus –> Federal District Court –> Federal District Court –> petition for writ of cert. (Rule of 4) –> US Supreme Court.
8
Q
What is the process for amending the US Constitution? (2 ways)
A
1.) Go to Congress
Must get a 2/3rds vote from House & Senate
3/4ths vote from states (legislature or convention)
21st Amendment authorizes this
2.) States call a Constitutional Convention (never been done)
Must get a 2/3rds vote among states
Must get a 3/4ths vote from states (legislature or convention)
9
Q
What is judicial review, and in which case did the US Supreme Court first use it?
A
Marbury v. Madison (1803)
Judicial review is the court’s power to declare a law constitutional can be performed by any court. US Supreme Court has the final say.
10
Q
What are the facts of Marbury v. Madison?
A
Marbury had been appointed justice of the peace by President Adams right before President Jefferson was an anti-Federalist (Jeffersonian-Republican). James Madison was Jefferson’s Secretary of State (later 4th US Pres.). John Marshall was Adam’s Secretary of State and USSC justice. Adams and Jefferson were cousins. Adams wanted to stack the court w/ Federalists. Marbury was a Federalist. Marshall’s job was to deliver the commissions but fails to complete his delivery. He left rest of commissions for Madison to deliver but Madison failed to do so (b/c they were all Federalists).
11
Q
John Marshall’s Dilemma (Marbury v. Madison)
A
Couldn’t tell Pres. Jefferson to order Madison to deliver the commission to Marbury b/c Jefferson would refuse. Marbury filed for a writ of mandamus with the US Supreme Court. Couldn’t do that b/c didn’t meet the 2 requirements to do so. Relied on Judiciary Act of 1789.
13
Q
How can Congress and the President frustrate or prevent compliance with the US Supreme Court rulings?
A
Congress can pass a constitutional amendment. President can veto laws. Congress and President can deny funding.
14
Q
What are the facts of Martin v. Hunter’s Leesee?
A
The state of Virginia granted the same tract of land to the Appellee (Hunter), that a federal treaty gave to the Appellant (Martin). The US Supreme Court declared the Appellant was so entitled, but the Virginia Court of Appeals, to which the case was remanded, refused to carry out the US Supreme Court’s judgment.
15
Q
Does the US Supreme Court have jurisdiction over state Supreme Court decisions?
A
Yes. Neither Congress nor the Constitution say that the USSC can’t hear state Supreme Court cases. USSC has jurisdiction over all appellate cases, a power given by the US Constitution. Article VI of the Constitution says that “[the] Constitution and the laws of the United States…made in pursuance thereof…shall be the supreme law of the land; and the judges in every state shall be bound thereby…” The very nature of state court judges’ judicial duties indicates that such judges are to decide cases not only in accordance with state law, but also in accordance with the Constitution.
16
Q
What is the state ground doctrine?
A
State courts have jurisdiction if they rely only on state law in their reasoning. Only applies when state law is (1) “adequate” to support the judgment, and (2) “independent” of federal law. Federal court won’t step in. US Supreme Court can’t review the case.
17
Q
What is the federal question doctrine?
A
The subject-matter jurisdiction of the United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. USSC will only review federal questions.
18
Q
What is a court’s jurisdiction?
A
The official power to make legal decisions and judgments.
19
Q
What does it mean for a party to have standing to bring a lawsuit?
A
The legal right to bring a lawsuit.
There are 3 standing requirements:
1.) Constitutional Standing - (ex: Flast v. Cohen)
Injury: The plaintiff must have suffered or imminently will suffer injury–an invasion of a legally protected interest that is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. This injury could be economic as well as non-economic.
Causation: There must be a casual connection b/t the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
Redresability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
2.) Prudential Standing
3.) Statutory Standing (required by Congress)
20
Q
According to the Supreme Court in Flast v. Cohen, what is the 2-prong standard for granting standing to federal taxpayers wanting to challenge how congress is spending tax revenue?
A
- ) Measure challenged enacted under congress taxing and spending power.
- ) The challenged measure must violate a specific limitation of that taxing and spending power (1st Amendment). Religion portion.
21
Q
What was the government’s argument in Flast v. Cohen for why taxpayers shouldn’t have standing?
A
A floodgate of litigation would be opened because taxpayers would constantly sue the government. The constitutional scheme of separation of powers, and the deference owed by the federal judiciary to the other two branches of government within that scheme, present an absolute bar to the taxpayer suits challenging the validity of federal spending programs. The Government views that such suits as involving no more than the mere disagreement by the taxpayer “with the uses to which tax money is put.” The resolution of such disagreements is committed to other branches of the Federal Government and not to the judiciary. Under no circumstances, should standing be conferred on federal taxpayers to challenge a federal taxing or spending program.
22
Q
What were the facts of Lujan v. Defenders of Wildlife?
A
Government ceased funding to overseas efforts to protect an endangered species.
23
Q
According to the Supreme Court in Lujan, what is the 3-prong test for standing in regular cases?
A
Injury in fact
Causation
Redressability
24
Q
Injury in fact (3-prong test for standing)
A
The plaintiff must have suffered or imminently will suffer injury–an invasion of legally protected interest that is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. The injury could be economic as well as non-economic.
25
Causation (3-prong test for standing)
There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
26
Redressability (3-prong test for standing)
It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
27
Did the parties have standing to bring their lawsuit in Lujan? Why or why not?
No; Defenders did not have standing.
Injury in fact? No; not personal enough b/c overseas effort.
Causation? Scalia did not address this.
Redressability? No; the court cannot provide a remedy.
28
What is the ripeness doctrine?
Timing issue. Opposite of mootness doctrine. Cannot bring the case too early. Have to wait for cause of action and injury to bring the case to the USSC. USSC will not hear hypothetical cases. Example: Poe v. Ullman. Test cases result from ripeness issues because ripeness requires an arrest prior to bringing a case to court.
29
What is the mootness doctrine?
Timing issue. Events have resolved themselves eliminating any controversy. The defendant has the burden of proof to prove mootness.
30
Exception to the mootness doctrine
US Supreme Court will hear the case. Capable of repeating (pregnancy & employment). Collateral consequences (convicted felons damaged reputation & revoked voting rights).
31
Explain the requirement that there be adverseness in a court case
To be fair. In the adversarial system, the parties to a controversy developed and present their arguments, gather and submit evidence, call and question witnesses, and, within the confines of certain rules, control the process. The fact finder, usually a judge or jury, remains neutral and passive throughout the proceeding. The court will not decide hypothetical cases. There must be an actual controversy or cause of action at issue.
32
What is the political question doctrine?
The court will not decide political questions. Reasons: separation of powers, lack of standards, need for final decision, question is something another branch (executive) should decide. They will also not decide hypothetical cases.
33
What is the 2 presidencies theory?
Domestic and foreign affairs. President has more power in foreign affairs matters. Congress gives the President his powers.
34
Expressed powers of the president?
Article II of the US Constitution discusses executive branch and lists the formal powers of the President.
Express powers of the President stated in US Constitution (5): Veto or sign a bill, appointments to office, grant pardons, call emergency sessions of congress, State of the Union Address.
35
Implied powers of the President?
Implied powers are powers President possesses but are not formally expressed in the US Constitution. Usually just tradition for the President to have those powers.
36
In Marbury v. Madison, did the US Supreme Court have the jurisdiction to issue a writ of mandamus? Why or why not?
Does Marbury have a right to his Commission? Yes; because of the requirement of sealing.
If so, does the law provide him a remedy? Yes; political acts v. questions of law (courts only decide questions of law).
If so, is it a writ of Mandamus from the Court? Congress and Constitution differ. Marshall decides the USSC gets to declare laws unconstitutional. Judiciary Act of 1789 is unconstitutional/void. Writ of Mandamus not granted. Congress went about amending the Constitution the wrong way making Judiciary Act void. No right to Commission. Congress created Judiciary Act.
37
How can Congress and the President frustrate or prevent compliance with the US Supreme Court rulings?
Congress can pass a constitutional amendment. President can veto laws.
38
What are the facts of Martin v. Hunter's Leesee?
The state of Virginia granted the same tract of land to the the Appellee (Hunter), that a federal treaty give to the Appellant (Martin). The US Supreme Court declared the Appellant was so entitled, but the Virginia Court of Appeals, to which the case was remanded, refused to carry out the US Supreme Court's judgment.
39
Does the US Supreme Court have jurisdiction over state supreme court decisions?
Yes. Neither Congress nor the Constitution say that USSC can't hear state supreme court cases. USSC has jurisdiction over all appellate cases, a power given by the US Constitution. Article VI of the Constitution says that "[the] Constitution and the laws of the United States...made in pursuance thereof...shall be the supreme law of the land; and the judges in every state shall be bound thereby..." The very nature of state court judges' judicial duties indicates that such judges are to decide cases not only in accordance with state law, but also in accordance with the Constitution.
40
What is the state ground doctrine?
State courts have jurisdiction if they rely only on state law in their reasoning. Only applies when state law is (1) “adequate” to support the judgment, and (2) “independent” of federal law. Federal court won't step in. US Supreme Court can't review the case.
41
What is the federal question doctrine?
The subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.
42
What is a court's jurisdiction?
The official power to make legal decisions and judgments.
43
What does it mean for a party to have standing to bring a lawsuit?
1.) There are three standing requirements: (Constitutional Standing)
Injury: The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. This injury could be economic as well as non-economic.
Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
2.) Prudential Standing
3.) Statutory Standing (required by Congress)
44
What are the facts of US v. Curtiss-Wright Corp. (1936)?
1934 Joint Resolution: Executive order - arms embargo. President Roosevelt was President at the time. Paraguay and Bolivia were at war. Curtiss-Wright Corporation made machine guns and were selling them to Bolivia. President Carter was trying to get hostage Americans out of the US Embassy in Iran. International Emergency Economic Powers Act. Iranian $$ was frozen in US banks. Pres. wanted to control all Iranian assets in the US. Contract dispute b/t Dames & Moore and Iran for $3 million. Algiers Accord --> Pres. terminates Iranian litigation in US Courts. Iran cannot be sued. Nullified ct. attachments & ordered transfer of assetts, if Iran let the Americans go. Jan. 1981, Pres. issues the executive order to do these things. Hostages released.
45
In U.S. v. Curtiss-Wright Corporation, could Congress delegate its legislative powers to the President? Did the President have the authority to order an arms embargo against foreign countries?
Yes. Congress gave power to President when dealing with foreign affairs. President is the "sole organ" of the US. He is the sole representative of the US in international affairs (Sole Organ Theory). Non-delegation doctrine
46
What are the facts of Dames & Moore v. Regan?
President ordered transfer of assets and suspended claims in US courts. This was all absent Congress's authorization.
47
Did the President's executive order in Dames & Moore v. Regan go beyond his statutory and constitutional powers?
No. Presidential action is legal if it is necessary for the resolution of major foreign policy dispute and if Congress has aquiesced. Congress never allowed or prohibited the President's actions in this case.
48
When does a president have constitutional authority to take action in foreign affairs, even when there's been no statutory authority from Congress?
Presidential action is legal if it is necessary for the resolution of major foreign policy dispute and if Congress has aquiesced.
49
What are executive agreements?
Executive agreement, an agreement between the United States and a foreign government that is less formal than a treaty and is not subject to the constitutional requirement for ratification by two-thirds of the U.S. Senate.
An agreement made between the executive branch of the U.S. government and a foreign government without ratification by the Senate.
50
What are executive orders?
United States Presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law, since issuances are typically made in pursuance of certain Acts of Congress, some of which specifically delegate to the President some degree of discretionary power (delegated legislation), or are believed to take authority from a power granted directly to the Executive by the Constitution
51
Does the president have the authority to enter into executive agreements with other countries without Senate ratification?
Yes.
52
According to the Constitution, which branch of government has the power to declare war?
Congress (legislative branch)
53
What constitutional powers related to war-making does the president have?
Sending troops out because President is the Commander in Chief. Congress must still authorize the continued sending of troops.
54
How does the War Powers Resolution of 1973 limit the president's war-making powers?
President can send troops to other countries for 60 days. At the end of 60 days, he needs Congress's declaration of war or else he has to withdraw the troops. The Vietnam War was going on at this time.
55
How many officially declared wars have there been for the U.S.? What were they?
5: WWI, WWII, Spanish-American, War of 1812, and Mexican-American
56
What are the facts of The Prize Cases?
1861 Blockade against southern ports to interrupt trade. No supplies to confederate army. Gov't gets to keep what is on the supply ships (prizes of war). Neutral vessels. President Lincoln did not have the right to do this according to Congress. A few months after the fact, they allowed it (1863).
57
What, if any, statutory or constitutional authority did President Lincoln have to take his actions in The Prize Cases?
President could order the blockade because he is the Commander in Chief. As long as he thinks he can do it because he believes the US is at war, then he is authorized to do it without Congress's requisite approval.
58
What are the facts of Ex Parte Milligan (1866)?
Pres. Lincoln instituted martial law and suspended writs of habeus corpus (challenges "unlawful" incarceration) in 1862. Congress approved of Pres. Lincoln's action in 1863. Milligan tried to file a writ of habeus corpus. He was an attorney & sympathizer of the confederate army. Tried in military court.
59
What is a petition for a writ of habeas corpus?
Challenges "unlawful" incarcerations.
60
What is martial law?
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis.
61
When can the president order that civilians be tried by military courts?
When they are deemed enemy combatants by the president? No; b/c constitutional rights cannot be suspended during times of emergency?
62
When can the president suspend the writ of habeus corpus?
In times of great national emergency.
63
What are the facts of Korematsu v. U.S. (1944)?
During WWII after Pearl Harbor. Roosevelt issued an executive order allowing secretary of war to designate certain areas as military areas. Japanese-Americans were forced to go to assembly centers. Not concentration camps but poor housing. Not allowed to live. Korematsu got plastic surgery to look less Japanese. Happened in Cali. He was loyal to the U.S. but got arrested for not going to an assembly center.
64
According to the court in Korematsu, was the government's exclusion and detention of people of Japanese ancestry constitutional? What reasons did the court give for it's decision?
Reasoning: The president's executive order was not a violation of the Constitution. The president has the power of taking action to prevent espionage and imminent danger to public safety (war power). He had good reason for the executive order. Disloyalty of Japanese-Americans to the U.S. It is impossible for U.S. government to discern which Japanese-Americans are loyal and and which are not --> put them all in assembly centers. Hardships are part of war. Share hardships.
Test: (1) Is there a compelling need to prevent espionage? Yes. (2) No practical way to distinguish between loyal and disloyal.
Holding: Korematsu's conviction was later overturned due to a technicality. However, President Roosevelt's executive order was upheld in this case. This case has never been overturned.
65
What are the facts of Rasul v. Bush (2004)?
Procedural History: 9/11-->AUMF-->Afghanistan-->Guantanamo Bay, Cuba-->petitions for writs of habeus corpus by foreign nationals--> who has jurisdiction?
66
According to the Supreme Court in Rasul, did the district court have a right to hear the detainees petitions for writs of habeas corpus? Why or why not?
Yes; the Supreme Court did have jurisdiction to hear writs of habeas corpus from prisoners in Guantanamo Bay, Cuba. Problems w/ his petiton: not a U.S. citizen, never was charged w/ a crime, etc. Court compares facts of the case to facts in Johnson v. Eisentrager (1950). In Johnson, the Supreme Court ruled that they did not have jurisdiction to hear the petitions for writs of habeas corpus for 6 reasons: (1) they were enemy aliens; (2) never been in the U.S.; (3) captured outside the U.S. and held in military custody as P.O.W.s; (4) convicted by military court outside U.S.; (5) they violated laws of war; (6) they were always imprisoned outside the U.S. = no hearing of habeas corpus writs.
67
How are the facts of the Rasul case different from the facts of the Johnson v. Eisentrager case discussed in Rasul?
Reason # 6 that the USSC did not have jurisdiction to hear petitions for writs of habeas corpus says: "they were always imprisoned outside the U.S. Technically the military base in Cuba was U.S. land b/c of the lease.
68
Did the Rasul case involve a statutory to constitutional right to a petition for writ of habeas corpus?
Statutory. The writ of habeas corpus does not act upon the prisoner who seeks relief, but upon the person who holds him in what is alleged to be unlawful custody within its respective jurisdiction.
69
What are the facts of Boumedine v. Bush?
Boumedine was allegedly going to take over the US Embassy in Bosnia. Boumedine was taken to Guantanamo Bay and Boumedine filed for a writ of habeus corpus. Now enemy combatant.
70
Did Boumedine have a constitutional right to habeas corpus, a privilege not to be withdrawn except in conformance with the Suspension Clause?
Yes. The constitution reaches Guantanamo Bay. There are no practical obstacles barring the US Constitution from reaching areas controlled by the U.S.
71
What factors determine the reach of the Suspension Clause specifically?
There are no practical obstacles barring the U.S. Constitution from reaching areas controlled by the U.S. Requirements for hearing habeas corpus: (1) power to order release; (2) authority to conduct meaningful review; (3) authority to admit relevant evidence.
72
Does the DTA review process act as an adequate habeas corpus review?
No b/c, no due process.
73
What is an adequate substitute for habeas corpus review?
A tribunal that provided due process. Example: attorneys for enemy combatants, right to cross examine witnesses, etc.
74
Does the president have more or less discretion in domestic affairs versus foreign affairs?
The president has more discretion in foreign affairs than domestic.
75
What are the facts of Youngstown Sheet & Tube Co. v. Sawyer?
Congress passed Taft-Hartley Act (1947), a labor law, provided a "cooling off" period to settle a case before they decided to strike. 1953 Korean War. 1951 dispute arose in steel companies about wages, etc. They wanted to strike but Truman needed them to not strike b/c he needed them to make supplies for the war. April 9 strike planned. April 8, Pres. Truman issued executive order for gov't to take possession of steel mills. Kept mills operational. Did not ask Congress for permission. Truman informed Congress --> Congress took no action. This case brought to Supreme Court May 12.
76
Did President Truman have constitutional or statutory authority to seize the nation's steel mills? Why or why not?
President Truman did not have constitutional or statutory authority to seize the nations steel mills because “there is no statute that expressly authorizes the President to take possession of property as he did here. Nor is there any act of Congress to which our attention has been directed from which such a power can take place.”
77
According to the concurring opinions of Justices Jackson, Clark, and Frankfurter in Youngstown, as well as Justice Vinson's dissenting opinion, does the president have constitutional authority to take emergency action in domestic affairs in the absence of a congressional negative?
Yes, unless it says he can't.
78
What are Justice Jackson's 3 classifications of presidential power?
Highest
Zone of Twilight
Lowest
79
Highest (Justice Jackson's 3 classifications of presidential power)
When the president acts in pursuant to an express or implied authorization of Congress.
U.S. v. Curtiss-Wright Corp. (1936).
80
Zone of Twilight (Justice Jackson's 3 classifications of presidential power)
When the president acts in the absence of either a congressional grant or denial or authority.
Dames & Moore v. Regan.
81
Lowest (Justice Jackson's 3 classifications of presidential power)
When the president takes measures incompatible with the expressed or implied will of Congress.
Youngstown Sheet & Tube Co. v. Sawyer (1952).
82
What are the facts of New York Times Co. v. U.S.?
In 1971 amid growing opposition to the undeclared Vietnam War, the Nixon administration sought to enjoin the NYT and the Washington Post from publishing a series of articles based on a 47 volume study, History of U.S. Decision Making Process on Viet Nam Policy. The study was top secret but the New York Times received duplicates of the study from Daniel Ellsberg, who had secretly copied them while working for a think tank and after his unsuccessful efforts to persuade leading politicians to publicize the study. After the third time NYT published some of the documents the Department of Justice sought an injunction against publication until June 19. ON June 18 the Washington Post also printed two articles based on the study, and by 5PM the government had filed a similar suit against its further publication of the material. The district court denied the government’s request for a preliminary injunction, but later in the day a circuit court judge extended the temporary restraining order until noon, June 21, to give a panel of the Court of Appeals for DC Circuit the opportunity to consider the governments arguments. The circuit court remanded the case to the district court to determine whether any of the other materials posed “such a grave and immediate danger” to the security of the country as to warrant prior restraint and a continued stay on publication until June 25. The NYT appealed to the Supreme Court to vacate the stay on publication and to expedite consideration of the case.
83
What is prior restraint?
censorship imposed, usually by a government, on expression before the expression actually takes place.Prior restraint prevents the censored material from being heard or distributed at all.
84
What was the government's argument as to why the Pentagon Papers shouldn't be published?
National security issue. The public shouldn't have information contained in their confidential documents.
85
What is the decision of the per curiam opinion in New York Times Co. v. U.S.?
No, the president did not have authority to restrain publication of the Pentagon Papers.
86
3 broad categories of opinions of prior restraint in the New York Times Co. v. U.S. case
Absolutist view: prior restraint is a violation of the 1st Amendment
Possible restraint: There must be extreme circumstances or grave damage to allow restraint
Restraint allowed
87
What questions did the New York Times Co. v. U.S. case leave unanswered?
Receiving stolen property
| Injunction on initial distribution of Pentagon Papers
88
What is the process for impeaching and removing a president?
Need majority vote in house. Senate charges president of crime.
89
What are the facts of U.S. v. Nixon?
June 17, 1972 five men broke into the headquarters of the National Democratic Party in Watergate. They were caught by off duty policemen while planting “bugs” to monitor campaign plans. One of them worked for Nixon. During the men’s trial Nixon’s former counsel, John Dean, revealed the president’s involvement in the cover-up. Former white house aid disclosed that Nixon had white house recordings. Nixon refused to hand over the tapes after being subpoenaed. The District of Columbia Circuit ordered that the release of the tapes. Nixon said he would release summaries of the tapes, which was unacceptable. Finally Nixon released 9 tapes but it was soon discovered that 18.5 minutes of tape was erased which would have covered the break in. Hearings started to impeach Nixon and he refused to so special prosecutor asked for the judge
90
How did the Supreme Court rule on Clinton's claim of executive privilege?
Subpoena for Nixon's recorded tapes was upheld. Court decides what law is. Executive privilege is not absolute.
91
What are the facts of Clinton v. Jones?
Jones filed a lawsuit against Clinton for sexual harassment after Clinton was already President of the U.S. but before her statute of limitations ran. President Clinton did not try to get out of the lawsuit but wanted to put it off until his presidential term ran. He also claimed that his acts were private and non-official because they didn't happen while Clinton was president.
92
How did the Supreme Court rule on Clinton's claim of temporary immunity from civil lawsuits while in office?
Rationale from immunity doesn't apply to non-official acts. Lawsuit won't take a substantial amount of time. Doesn't violate separation of powers. Prejudice due to loss of evidence if the wait is too long. No; Presidents do not have temporary immunity from civil liability while in office (for private acts). Sexual harassment lawsuit will proceed immediately.
93
What was the issue and ruling by the Supreme Court in McCulloch v. Maryland?
Issue: Does Congress have implied powers that are not listed in Article I sec. 8 of the Constitution?
Reasoning: Issue 1-Did Congress have power to charter federal bank? Yes. Constitution is an outline. Incidental to listed powers. Necessary & proper clause (elastic clause) convenient/useful. Test: Can't be prohibited by Constitution and must be rationally related to listed power. Issue 2-Can any state have the power to tax the US bank? No. If allowed, states could destroy the gov't. MD does not represent the country. The gov't has power to tax the people they represent for providing services (roads, etc). The gov't represents all 50 states. Floodgate of litigation against the gov't if private people were allowed to sue the gov't.
94
In McCulloch v. Maryland, did the Supreme Court rule that Congress had powers beyond those specifically listed in the Constitution?
Yes. Constitution is an outline. Incidental to listed powers. Necessary & proper clause (elastic clause) convenient/useful. Test: Can't be prohibited by Constitution and must be rationally related to listed power.
95
Explain the Court's rationale in McCulloch v. Maryland regarding the Necessary and Proper Clause.
Necessary & proper clause (elastic clause) convenient/useful.
96
In Gibbons v. Ogden, was New York able to create a monopoly on steamboat operations between New York and New Jersey? Why or why not?
No because only Congress can regulate interstate (not intrastate) commerce. New York's regulation of steamboats to New Jersey is a violation of the Commerce Clause. Congress has the power to regulate all interstate commerce. States cannot regulate interstate commerce or interfere with it.
97
Explain the Court's broad view of Congress's power under the Commerce Clause.
Congress can regulate commerce "among the several states." Can regulate interstate commerce (between states) but not intrastate commerce (within a state).
98
Interstate Commerce
Commerce between states. Congress can regulate.
99
Intrastate Commerce
Commerce within a state. Congress can't regulate.
100
In Hammer v. Dagenhart, why did the Supreme Court rule that Congress could not use its commerce power to regulate child labor?
Congress has had power to regulate lottery tickets, food/drugs, and prostitution to regulate the "evil" of these products. Regulating manufacturing is NOT interstate commerce.
101
Describe the Supreme Court's distinction between manufacturing and transportation of products in Hammer v. Dagenhart.
Congress can regulate transportation but not manufacturing because manufacturing is local (intrastate).
102
Describe FDR's court-packing plan.
He wanted to add more justices who were loyal to him and who supported his views about the Commerce Clause (packing the court) for a total of 15 justices.
103
According to the Supreme Court in Wickard v. Fillburn, why, specifically, did the Commerce Clause give Congress the authority to regulate the growing of wheat for private consumption?
Cumulative effect/aggregation test & substantial effects test: So long as the class of activities regulated by Congress has a substantial effect on interstate commerce, Congress can regulate even individual activities that have almost no impact on interstate commerce alone. Market effect test: home-grown products compete with products in commerce and can be regulated by Congress. His excess wheat has an effect on the market and by extension interstate commerce because he will buy less wheat at the market.
104
In Heart of Atlanta Motel, Inc. v. United States, why, specifically, did the Supreme Court rule that Congress had the power under the Commerce Clause to pass Title II of the Civil Rights Act of 1964?
Congress can protect interstate commerce from immoral use. Congress can use its commerce power even when the business is of a "purely local character."
105
What are the facts of United Sates v. Lopez?
Gun Free School Zones Act. Lopez was a high school senior who was caught w/ a firearm at school. Fed gov't convicted Lopez of violating the Gun Free School Zones's Act. Lopez's lawyers argued that the Act was unconstitutional.
106
What are the facts of United States v. Morrison?
Violence Against Women Act. Act allowed freshman at Virginia Tech said she was raped by two members of the Virginia Tech football team. She argued that they violated the Act.
107
Why did Congress exceed its power under the Commerce Clause in United States v. Lopez?
Gun possession does not have a substantial effect on interstate commerce. Congress's Gun Free School Zones Act is unconstitutional.Congress can only regulate activities that have a substantial effect on interstate commerce (category 3). When wanting to regulate under category 3, Congress must focus on the regulated activity itself and not the activity's surrounding circumstances.
108
Why did Congress exceed it's power under the Commerce Clause in United States v. Morrison?
Economic vs. non-economic distinction: aggregation test from Wickard only applies to regulated conduct that is either an economic activity or a non-economic activity that is an essential part of a larger economic activity. Congress cannot regulate a non-economic activity under category 3 of Lopez test based solely on that activity's aggregate effect on interstate commerce.
109
Congress can regulate (3) under the Commerce Clause
1. ) Channels of interstate commerce
2. ) The instrumentalities of interstate commerce
3. ) Activities that have a substantial effect on interstate commerce.
110
What are the facts of Gonzalez v. Raich?
In California, citizens can use marijuana but only for medical purposes. Federal Controlled Substances Act prohibits marijuana use. Two women were medical marijuana users. They were raided by the DEA. Intrastate growth and consumption.
111
In Gonzalez v. Raich, why did the Supreme Court rule that the Commerce Clause gave Congress the power to prohibit the local cultivation of marijuana for medical purposes?
Congress is attempting to eliminate market. The intrastate production of a commodity sold in interstate commerce is economic activity and substantial effect can be based on cumulative effect. Congress can eliminate entire interstate market using its commerce power. Wickard rule: Congress can regulate even individual activities that have almost no impact on interstate commerce alone.
