Exam 1 Court Cases Flashcards
Worchester v Georgia
Jackson was ordered to give back lands taken from Cherokees, but he denied it showing that the court has no independent authority. Luckily this example has not been followed by other presidents.
Ex parte Merryman
Lincoln suspended the writ of habeas corpus on Merryman for aiding the enemy. SC said only congress could do that, Lincoln said too bad.
Prize Cases
Established that congress alone has the power to declare war, but that in extraordinary circumstances the pres has power to resist force with force. Regarded Lincoln’s blockade if southern ports after secession, which was a warlike act
In re Debs
Debs imprisoned for organizing a boycott of Pullman railway cars bc it it stopped interstate commerce and us mail. Upheld and established that the pres has the power to use the military domestically
Gold clause cases
Dealt with the Emergency Banking Act that asked people to give their gold to the gov in exchange for paper currency.
US v Curtiss-Wright Export Corporation
Congress approved a JR that gave the pres authority to ban an American company from selling weapons to Bolivia or Paraguay, who were engaged in the Chaco war. Company said Congress gave up too much of its power, but SC said it was fine.
US v Belmont
NY bank didn’t want to give assets to Russia that were deposited by a failed Russian business. Established that the federal gov always is more powerful than the states
Yakus v US
Court upheld price controls set by Roosevelt. Overturned Schechter on the grounds that it was during a time of national crisis
Ex Parte Quirin
Upheld pres use of secret military tribunals to try Germans in the US accused of espionage. 6/8 executed. Different from Milligan bc the Germans were part of the enemy military
Korematsu v US
Roosevelt issued an exec order that gave the military the right to remove Japanese Americans from areas it deemed vulnerable to sabotage
Marbury v Madison
Marshall established the practice of judicial review in denying the congressional allowance of issuing a writ of mandamus, denying the case and Jefferson the opportunity to deny the court power. Marshall avoided the 2 options in Marshall’s Dilemma of being overruled by the pres or siding with him
Youngstown Sheet and Tube Co v Sawyer
Truman tried to seize steel mills that went on strike during the Korean War. Not upheld
