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6 Cards in this Set
- Front
- Back
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Presidential Powers and Limits Youngstown Sheet Curtis-Wright Export |
Implied or Expressed Power by Congress Inherent Power - Discretion along as it does not violate any other branch's power As long as not prohibited by the Constitution Foregin Policy: full discretion in matters of foreign policy and national security |
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Hiring and Firing Rules |
President has right to remove any principal officer but there is no problem including limits on removal as long as they: are based on good cause and the position has a quasi judicial/legislative role as part of independent agency Congress cannot delegate executive function to position only hired/fired by legislative Cannot have two levels of limit on President on firing in executive branch |
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Limit on Presiden't Executive Agreements Dames & Moore v Regan |
Necessary incident to the resolution of a major foreign policy dispute between our country and another Congress seems okay with the President's action |
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When can someone sue the President Nixon v Fitzgerald Clinton v Jones |
Cannot sue the President or former President for actions taken while President of the United States "Official Acts" However, this doesn't protect from actions prior to or after becoming President |
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When can state laws be preempted Rules for each situation |
Express Preemption: Explicit language by Congress Implied Preemptions Field Preemption: Federal governemnt wholly occupies that particular field (immigration) Conflict Preemption: Conflict between federal and state law and cannot physically do both. Unless government is floor and not ceiling. Also: Impedes goal of federal objective |
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Doormant Commerce Clause When can state laws be struck down |
Facially Discriminatory: Obvious that a state or local law is discriminatory because state or local law provides distinction between instate and out of staters Facially Neutral (with proven discriminatory purpose or effect): nondiscriminatory alternatives cannot be present |
