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POLS 353 > mid term > Flashcards

mid term Flashcards

1
Q

Trump v. United States, July 2024

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2
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Trump v. Anderson, March 2024

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3
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Clinton v. Jones(1997)

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4
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United States v. Nixon (1974)

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5
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Immigration and Naturalization Service v. Chadha

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5
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Clinton v City of New York 1998

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6
Q

Industrial Union Department, AFL-CIO v. American Petroleum Institute (1980)

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7
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Weiner v. United States(1958)

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8
Q

Humphrey’s Executor v. United States (1935)

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9
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Myers v. United States

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10
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New York Times Co. v. Sawyer (1952)

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11
Q

Korematsu v. United States (1947)

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Facts/ question:
Dec 1942, two months after pearl harbor Roosevelt issued an executive order creating military zones along west coast where commanders can set curfews and exclude individuals to prevent espionage and sabotage. Court reaffirms order in march 1942. Order resulted in tens thousands japanese-am who lives in WC to be subjected to curfews, evacuated, and placed in internent relocation camps.
U.S. citizen Toyosaburo Korematsu, of Japanese descent, refused to leave his home, which resulted in a conviction from the district court in violation of the exclusionary order. A court of appeals upheld this conviction. Korematsu then petitioned for certiorari, which was granted by the Supreme Court

Did the legislative and executive branches exceed the constitutional powers granted to them by ordering and upholding Executive Order 9066? Does the Exclusion order violate the Equal Protection Clause of the Fourteenth Amendment?
No and no

Significance:
court’s “we the US are not racist argument”

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12
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Ex parte Milligan (1866)

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Quote :
dont have sorry
Facts/ Question:
Pres Lincoln suspended writ of HC in 1862 ordering court martial/military commission to try all of those who were disloyal to the union. Congress suspended the writ causing the seizing of confederate sympathizer Lambin P Milligan. He petitioned for writ of habeas corpus for a federal circuit who filed a writ of certification.

Did the president suspending the writ of habeas corpus, which resulted in MIlligans arrest, violate the constitution since this power is delegated to Congress?

Significance:
threatened the courts power of protection so they were like heck no

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13
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The Prize Cases (1863)
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“The president is obligated to meet a threat without

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De facto state of war existed and a civil war began with the unlawful insurrection when rebels declared independence and hosting against the government. A de facto state of war existed without a formal declaration by either party.

In April 1861, while Congress was not in session, President Abraham Lincoln ordered a blockade at the ports in the southern states. The executive order gave ships 15 days to leave or be confiscate. Several ships were seized. When congress met they authorized the action in July 13 1861. A owner of the ships challenged this authorization.

Was the presidents ex order an unconstitutional exercise of power?
granted by Article II yes or no?

Significance:
Gave president ability to make war

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14
Q

United States v. Alvarez- Machain (1992)

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Dr Alvarez-Machain, citizen and resident of Mexico was kidnapped by US DEA for his alleged involvement in the torture of DEA Enrique Salazar.

Does Alvarez being kidnapped prohibit his trial in the US?
Did the US break extradition treaty between them and Mexico?

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15
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Goldwater v. Carter (1979)

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Complaint was not ripe for judicial review.

“dispute between congress and the president is not ready for judicial review”

“the basic question of this case is political and therefore nonjusticiable as it involves the authority of the president in the conduct of our country’s foreign relations and the extent to which the Senate or the Congress is authorized to negate the action of the President.”

Facts/ question:
In 1970, President Carter terminated a defense treaty with Taiwan without Senate approval. Senators files suit claiming they were deprived of their constitutional role.

does the president need congressional approval to terminate treaties?

Nonjusticiable- political question

Significance:
Upheld president power to terminate treaties

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16
Q

United States v. Pink (1942)

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17
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Unites States v. Belmont (1937)

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“Valid international compacts”

Facts/ question:
After Litvinov Assignment any Soviet Union assets were retrievable by US(countries file claim over each others assets to make it easier). When US tried to retrieve assets from August Belmont & co they were denied.

Is a bank required to release assets because of the executive agreement between US and Soviet Union.

Significants
double downs sole organ

18
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Missouri v. Holland (1920)

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Treaty between Canada and US called for Secretary of Agriculture to regulate killing of migratory birds despite court undoing congressional act years before. States(Missouri) argued that is is stare right bc birds inside state.

Can a treaty supersede state power even if as a congressional law it would be unconstitutional (10amn)?

Significance:
President’s power of treaties hold a higher authority than congressional acts.
Treaties can be about matters the states typically have legislative jurisdiction over.

19
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Sale v. Hatian Center Council, Inc. 1993

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George H W Bush signed Ex Ord ordering all passengers found illegally traveling by sea from Haiti to the US are to be returned to Haiti by Coast guard. Haitan Center Council contended that the order violated (section 243 of) the imigration and Nationality Act of 1952 and (Article 33 of) The United National Convention.

Does Ex order No. 12807 violate Sect 243 and Article 33 overstepping presidential powers.

Significance:
Increase exective power

20
Q

Dames v. Moore v. Regan(1981)

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During Iranian Hostage situation, President Carter passed Emergency Economic Powers Act and demanded all Iranian assets w/in US be frozen. Dames and Moore sought 3 million owed to it under a contract service they preformed for the Iranian Government alleging the EO (Executive Order) was beyond the presidents authority

Facts/ question:
Was this act beyond his constitutional executive power

Significance: Expanded presidential power in foreign affairs particularly in emergency/crisis situations

21
Q

Haig v. Agee (1980)

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Passport Act of 1926 authorizes the Dep of State to “grant and issue passports.” Former CIA agent Phillip Agee declared war on the CIA and began exposing agents officials in foreign countries.
S. of St. Haig revoked Agee license. Agee claimed Haig did not have the authority to do so claiming 1st amn and 5th amn right to Due Process were obstructed.

Does the executive branch have the constitutional authority to revoke passports?

22
Q

United States v. Curtis-Wright Corporation (1936)

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“The president is the sole organ of the nation.”

Significance:
Origin of the Sole Organ theory
gives executive and judicial branch more power

Facts/ Question:
President executive order forbade all companies from weapon trade to Chaco war.
Curtiss-Write Export Corporation argued that Congress and the President violated the non-delegation doctrine by allowing the President to make legislative decisions.

23
Q

Joint Resolution

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the force of the law if approved
it is used to propose an amendment

24
Q

Concurrent resolution

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Not signed by the president
no force of law

25
Q

Embargo

A

Similar to economic sanction
partial or complete prohibition of commerce and trade w/ a particular country

26
Q

McCulloch v. Maryland Landmark case

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Established two principles:

Facts/ question:

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Quote: “Power to tax is the power to destroy, and the power to create is the power to preserve.”

Two principles:
- Implied powers
- the doctrine of National Supremacy

Facts: congress established a second bank in Maryland. Maryland wants to tax.

Question:
- Does the Constitution permit the federal gov to establish a national bank, and can a state tax them?
- Yes it is permitted no it cannot tax them

27
Q

Doctrine of National Supremacy

A

Marshalls interpretation of

“the constitution and the laws”

Because the constitution comes first, then that means the constitution is above anything else. Law is second to the Constitution.

28
Q

Article I, section 6

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Speech and Debate Clause

29
Q

Article I, section 8

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Regulate commerce w. foreign nation

Establishes uniform rule of naturalization

declare war

in addition to these (enumerated?)powers and anything necessary and proper

30
Q

Speech or Debate Clause

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31
Q

Necessary and proper clause

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32
Q

War making emergency powers of the President

A
  • as commander in Chief s/he oversees all military operations in peace and war time
  • make war
33
Q

War making and emergency powers

A

Has power to raise support army
Declare war

34
Q

Writ of Habeas Corpus : civil liberties

A

OG civil liberty
Included in the OG constitution
written under congressional powers cannot be suspended unless rebellion or invasion

35
Q

Writ of H.C. Protects

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protects individuals form executive branch abuses
the law enforcement power by allowing the courts to intervene

36
Q

Writ of certification example

A

Ex parte Milligan

37
Q

Writ of Cert

A

Rule of 4. higher court petitions for info to be sent to them

38
Q

Writ of Mandamus and Prohebition

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Ordering lower court to do something
(Nixon and the Watergate) tapes and (Marbury v. Madison)

39
Q

Writ of Habeas corpus

A

Ex parte milligan

40
Q

Writ of error

A

appellate court orders lower court to review a case for mistakes made
matter of law and facts are not reviewed
no longer used

POLS 353 (1 decks)

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