Separation of Powers Flashcards
What is the Jackson Test from the Steel Seizure Case [Youngstown Sheet & Tube Co.]?
1) When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate.
2) When the President acts in absence of either a congressional grant or denial of authority…there is a zone of twilight in which he and Congress may have concurrent authority. …In this area, any actual test of power is likely to depend on the imperatives of events…”
3) When the President takes measure incompatible with the expressed or implied will of Congress, his power is at its lowest be, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress… Courts can sustain exclusive presidential control in such a case only be disabling the Congress from acting upon the subject.”
What is the rule from Ex Parte Milligan?
A civilian cannot be tried in a military court.
What is the rule from Ex Parte Quirin?
Unlawful combatants can be tried before a military tribunal.
What is the rule from Johnson v. Eisentrager?
Foreign nationals engaged in hostilities against the United States are not entitled to a Writ of Habeas Corpus or to be heard by a civilian court.
NO LONGER GOOD LAW.
What is the rule from Boumidene v. Bush?
Unlawful alien combatants are entitled to a Writ of Habeas Corpus.
What is the rule from Hamdi v. Rumsfield?
Due process guarantees that United States citizens held in the United States as enemy combatants must be given a meaningful opportunity to contest the factual basis for that detention before a neutral decision-maker.
What is the rule from Schechter Poultry Corp. v. United States?
Congress may not delegate legislative power to the executive without outlining strict standards for how the executive is to exercise that power
What is the rule from Touby v. United States?
The nondelegation doctrine does not prevent Congress from legislating in broad terms such as leaving a certain degree of discretion to executive or judicial actors.
So long as Congress “‘lays down by legislative act an intelligible principle to which the person or body authorized to act is directed to conform, such legislative act is not a forbidden delegation of legislative power.”
What is the Major Questions Doctrine?
The major questions doctrine is a principle of statutory interpretation applied in United States administrative law cases which states that courts will presume that Congress does not delegate to executive agencies issues of major political or economic significance.
What is the rule from Gundy v. United States?
Authorizing the Attorney General to enforce the national Sex Registration and Notification Act against pre-act offenders does not violate the non-delegation doctrine.
What is the rule from City of New York v. Clinton?
The President does not and cannot be granted the power (by statute) to enact, amend, or repeal statutes
What is the rule from United States v. Nixon?
A claim of privilege by a president requires the Special Prosecutor to demonstrate the material is essential to the justice of the pending case.
What is the rule from Nixon v. Fitzgerald?
A president is entitled to absolute immunity from liability predicated on his official acts.
What is the rule from Clinton v. Jones?
The Constitution does not provide the president with temporary immunity for unofficial acts.
