Contemporary Federalism, Commerce, And Seperation Of Powers

Question 1

Boudemine v. Bush

Answer 1

Wrist of habeas corpus submission made in a civilian court on behalf of of a naturalized citizen of Bosnia and herzegonivia held in military detention by the U.S. at Guantanamo bay in Cuba detention camps

• Cuba retained ultimate sovereignty over territory while U.S. exercises jurisdiction and control
• naval base
• constitutionality of military commissions act 2006 NO
• prisoners had right to habeas corpus

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Question 2

War powers act of 1973

Answer 2

• federal law says president can send US armed forces into action abroad by authorization of congress or if the US is under attack or serious threat
• president notify congress within 48 hours
• forces cannot remain more than 60 days then a 30 day withdrawal period
• authorization of congress needed without use or declaration of war

Question 3

National federation of independent business v. Sibelius (2012)

Answer 3

Court upheld congress power to enact most provisions of the patient protection and affordable care act and the health care and education reconciliation act including requirement for Americans to have health insurance by 2014

Question 4

Gonzales v. Raich (2005)

Answer 4

Supreme Court decided under the commerce clause of US constitution congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes

Question 5

Printz v. u.S. (1997)

Answer 5

• state legislatures are not subject to federal direction
• reformed Brady bill which required background checks for handguns
• held that fed govt could not regulate local law endowment agencies to conduct background searches on potential gun buyers under the necessary and proper clause

Question 6

United States v. Lopez

Answer 6

First Supreme Court Cade since new deal to set limits to congresses power under the commerce clause of constitution

• highschool student carried concealed weapon to school charges under Texas law with firearm possession
• state charges dismissed after federal agents charged him with violating a federal criminal statute the gun-free school zones act of 1990 and he was found guilty six months prison