Test 3 Flashcards
what section of the constitution is the Recess Appointment clause in
Art 2 Sec 2
what is the recess appointment clause
allows the president to appoint officers when senate is not “in session”
when do the recess appointments end
at the end of the next session (could be 2 years)
what case goes with recess appointments
Noel canning v NLRB 2014
what are the facts of Noel Canning v NLRB 2014 (recess appointment)
- recess appointments to national relations board by obama
- 3/5 were filled by obama
- Noel canning sues saying they were not made correctly
what is the holding in Noel canning v NLRB 2014
- court holds that for recess clause to kick in senate must be in recess for more than 10 days (senate had only been in recess for 3 days)
where is the pardoning power clause in the constitution
Art 2 Sec 2
what are the only limitations to the pardoning power
- impeachment cases
- has to be federal offenses NOT STATE
when can a pardon happen
- at any time (before an investigation all the way to sentencing)
what are the cases regarding pardoning power
- EX Parte Grossman 1925
- Murphy v Ford
what are the facts of EX Parte Grossman 1925 (pardoning power)
- person was tried during prohibition for breaking drinking laws
- judge held in contempt for violating court order (sentenced to 1 year 1k fine)
- president coolidge issues pardon reducing sentence and just paying fine
- judge says it interferes with separation of powers
what is the issue in EX Parte Grossman
- is order of contempt under the pardon clause
what is the holding in EX parte grossman
- yes the pardon clause covers people being held in contempt
what is the rationale of Ex Parte Grossman
- founders thought it was wise to put president as last resort for mercy
- king of england was able to use this same power for contempt of court orders which is what our law is based off of
- have to trust the president will not abuse it
what are the facts of Murphy v Ford
- Nixon retires after watergate scandal
- ford pardons him after taking office prior to any actual conviction
what is the issue for Murphy v Ford (pardoning)
can the president pardon prior to conviction
what is the holding/rationale in Murphy v Ford
- Yes the president can pardon prior to conviction
- per supreme court decision in EX Parte garland the pardoning power is unlimited
- pardon should be used to allow a
“country to move on”
what amount of the senate is required to complete treaties
2/3
since a president might not have the votes to enter into a treaty through congress what might they decide to do
enter into an executive agreement (can be taken away by future admins)
what are the 2 types of domestic dispute cases in con law
- delegation cases
- usurpation cases
what are delegation cases for domestic disputes
when one branch delegates functions, that are assigned to it, to another branch (congress gives power to president)
what are usurpation cases in domestic disputes
when one branch tries to take the functions assigned to another branch in the constitution (president does something given to congress)
with regarding delegation cases why should we care if congress gives away its power
- they are the elected part of government
- if they delegate power there is no check to remove those people they give the power to
when has the court allowed delegations
- when there is an intelligible principle