Supreme Court - Presidential Power (Other Branches)

Question 1

Power of judicial ________ gives SC power to declare actions of any member of exec. branch unconstitutional, including President

Answer 1

Judicial review

Question 2

Rasul v Bush (2004)

Answer 2

Sc ruled 6-3 that foreign detainees held at Guantanamo Bay should have access to US federal courts to challenge their detention

Question 3

Consequence of Rasul v Bush (2004)

Answer 3

Rules against exec. and legislature

Question 4

Hamdan v Rumsfield (2006)

Answer 4

Sc declared unconstitutional the military commissions set up by Bush to try ppl held at GB
5-3 liberal majority
Put significant limit on commander-in-chief power of president, even in times of war

Question 5

Consequence of Hamdan v Rumsfield (2006)

Answer 5

Again limited Presidents power

Question 6

Boumediene v Bush (2008)

Answer 6

SC ruled 5-4 that procedures set up by Bush administration & Congress following the Hamdan decisions were inadequate to ensure detainees received their day in court

Question 7

Consequence of Boumediene v Bush

Answer 7

Further limited Presidents power

Question 8

National Labor Relations Board v Noel Canning (2014)

Answer 8

SC ruled 9-0 that President lacked constitutional authority to make high-level executive appointments when Senate technically available to give advice & consent

Presidents power to fill vacancies that occur during Senate recess

Question 9

Consequence of National Labor Relations Board v Noel Canning (2014)

Answer 9

Judicial review
Checking powers of the President
Even his own 2 appointees voted against him

Question 10

United States v Texas (2016)

Answer 10

2014 Obama issued DAPA - to allow certain illegal immigrants to be granted ‘deferred action status’
Texas & 25 other states challenged DAPA claiming President could not carry out such big ‘immigration reform’ without Congress’s approval
Federal Court ruled it unconstitutional
Sc 4-4 decision left fed. courts ruling in place, blocking the executive order

Question 11

Consequence of United States v Texas

Answer 11

President trying to be imperial but Courts ruled against him