The Executive Flashcards
The presidents powers
- execute laws
- commander and chief
Youngstown
facts: steel mill workers about to strike, the president ordered that they not because steel is important to wars and he is commander and chief
Rule of law: The presidents power to issue executive orders must come from either an act of Congress or the Constitution.
- Justice Jackson analysis: this had nothing to do with the war!!
Hamdi
- facts: Congress passed an act that granted power to the president to use force when we were at war. American citizen who was in Afghanistan was taken into custody by the US and alleged an enemy combatant. He was sent to Guantanamo Bay and not given the chance to prove himself innocent.
Rule of law: Due Process guarantees that US citizens held as enemy combatants must be given due process.
The court uses the Matthew balancing test.
Matthew Balancing Test
- the gravity of a person being deprived of an interest
- risk of erroneous deprivation of such interest through the procedure being used
- how much harm the gov will face if we give more process?
Thomas Dissent in Hamdi
Should be left up to congress
Scalia Dissent in Hamdi
we are weighing Hamdi’s rights over the the governments
Boumediene v. Bush
Facts: Petitioners are aliens designated as enemy combatants and held at Guantanamo.
Rule: Writ of habeas can be given to foreigners.
The Suspension Clause states that the writ of habeas corpus may be suspended only in cases of rebellion or invasion when public safety requires it. Courts must provide detainees held as unlawful alien combatants a writ of habeas corpus to challenge their detention, or, if a writ of habeas corpus is not available, provide an adequate substitute process for detainees that includes the same procedural protections and opportunities that would be provided in a writ of habeas corpus
habeas corpus can only be withdrawn by the suspension clause .
Three facts are relevant when determining the scope of the suspension clause.
- The citizenship status of the detainee and the adequacy of the process that determines the status.
- The nature of the sites where apprehension and then detention took place.
- The practical obstacles inherent in resolving the prisoner’s entitlement to the writ.
Dissents in Boumedience
Roberts, Thomas Alito Scalia
i. Roberts- writ of habeas corpus is not necessary for detainees as they are given hearings to contest.
ii. Scalia- suspension clause is only for us citizens.
Pre Trump v. Hawaii, we have:
Korematsu
- racist ruling stating that upheld the constitutionality of internment camps during World War II
Trump v. Hawaii
Rule: S court reviewing a presidential order restricting entry into the US of a person from specific nations is ground for rational basis review. which means that they can basically get away with it because it is not strict.
facts - trump trying to keep muslims out.
Majority in trump v Hawaii
majority- Roberts, Alito, Thomas, Gorsuch, Thomas
i. This does not have to do with equal protection because it does not identify a racial group, sexual group, or economic group. This was about keeping Muslim c countries out of the country, but the majority tried to get around that by saying it was never called a “Muslim ban” even though that is what Trump alluded to during his candidacy.
1. He brings up Korematsu and says that the ruling here is completely different. He even overrules Korematsu (to save face perhaps).
concurrence in Trump v. Hawaii- Clarence Thomas
does not believe in universal injunctions.
universal injunction- this does not stop just stop the gov from implementing a rule at those in the suit, but at everyone it could apply to. `
Dissent in trump v. Hawaii
Sotomayor, kagan, Breyer, RBG
THIS IS KOREMATSU ALL OVER AGAIN. WE ARE GLAD KOREMATSU IS OVERRULED BUT THIS IS TERRIBLE TOO.
