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46 Cards in this Set
- Front
- Back
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Natural Rights Tradition
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-Developed by Hobes and Locke
-"Nature" sereves as a stardard for judging politcal life and rule -individuals ahve inalienable natural rights (rights that cannot be given awar by agreeing to give them away) -Since individuals have have natural rights, they don't have natural obligations or duties to the community or other humans that would limit their rights. (all duties are ones that individuals agree to take upon themselves) |
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Hobes
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The only right that is inalienable is the right to self-preservation
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Locke
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Along with the right to self-preservation individuals have inalienable rights to preserve their property and their liberty
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Myers vs US
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Year: 1926
Congressional Act from 1876 required that postmasters be appointed and removed by president with consent of the senate. Myers was removed by president Wilson prior to the end of his term without sentate's consent |
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Myers vs. Us Justice
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Justice Taft
His Opinion: In the first congress, madison argued that the vesting of the executive power in the president required that he have the sole power for removal of his subordinates |
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Myers vs. US Questions
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a) The president has the sole power of removing executive officers appointed by and with the advice and consent of the senate
b) The senate must consent to the removal of executive officers appointed by and with the adivce and consent of the senate c) The congress since it rreate the executive offices through law, has power to device how executive officers are removed |
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Bush vs Gore Questions
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a) Should the supreme court have intervened in Florida's elestion laws concerning the choosing of state's Presidential electors?
-Yes |
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Bush vs Gore
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7 justices agreed that the FL supreme court violated the equal protection clause
(Judicial Case) |
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McMulloch vs. Maryland Justice
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Justice Marshall
(congressional case) |
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McMulloch vs. Maryland Questions
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a) Does congress have the power to incorporate a bank?
-Yes b) Can states tax the bank? -No |
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McMulloch vs. Maryland
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- Congress has a right to implied powers which are not explicitly stated in the constitutionif the means justifies the ends
-This deals with the Necessary and Proper Clause |
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McMulloch vs. Maryland
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Maryland's arguing over the definition of the word "necessary"
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McMulloch vs. Maryland
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Why is it constitional for the US to impliment the bank?
Because of the supremacy clause |
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Youngstown vs. Sawyer Year and Justice
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Year: 1952 (korean war)
Justice Hugo Black |
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Youngstown vs. Sawyer Question
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Was President Truman's seizure of the domestic steel mill a Constitutional use of his war and executive powers?
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Youngstown vs. Sawyer
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The president does not claim to be executing a law made by congress, and attempts to rest this action on the powers on powers given to him by the constitution
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Youngstown vs. Sawyer
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The president's military power did not extend to labor disputes
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US vs. Nixon Year
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Year: 1974
-Executive Privledge |
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US vs. Nixon Questions
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a) Is the refusal of the president to submit to a special prosecutor's subpoena constitutionally capable of being brought before and judged by the courts?
b) Does the president have a constitutional "executive privledge" allowing him to disobey the subpoena requiring the submittal of the confidential and official exectutive communications i.e. "the watergate tapes" |
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US vs. Nixon Justice
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Justice burger
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McMulloch vs. Maryland
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- Congress has a right to implied powers which are not explicitly stated in the constitutionif the means justifies the ends
-This deals with the Necessary and Proper Clause |
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McMulloch vs. Maryland
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Maryland's arguing over the definition of the word "necessary"
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McMulloch vs. Maryland
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Why is it constitional for the US to impliment the bank?
Because of the supremacy clause |
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Youngstown vs. Sawyer Year and Justice
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Year: 1952 (korean war)
Justice Hugo Black |
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Youngstown vs. Sawyer Question
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Was President Truman's seizure of the domestic steel mill a Constitutional use of his war and executive powers?
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Youngstown vs. Sawyer
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The president does not claim to be executing a law made by congress, and attempts to rest this action on the powers on powers given to him by the constitution
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Youngstown vs. Sawyer
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The president's military power did not extend to labor disputes
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US vs. Nixon Year
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Year: 1974
-Executive Privledge |
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US vs. Nixon Questions
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a) Is the refusal of the president to submit to a special prosecutor's subpoena constitutionally capable of being brought before and judged by the courts?
b) Does the president have a constitutional "executive privledge" allowing him to disobey the subpoena requiring the submittal of the confidential and official exectutive communications i.e. "the watergate tapes" |
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US vs. Nixon Justice
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Justice burger
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US vs. Nixon
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Nixon argues absolute executive privledge but it obstructs the judicial branch's ability to justly conduct criminal trials thus cannot be absolute
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INS vs Chadha Year/ Justice
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Year: 1983
Justice Burger |
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INS vs Chadha
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This "legistlative act" is a violation of bicameralism and of the president's legislative powers, his veto power
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INS vs Chadha Question
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Is this suspension of deportation orders an exercise of legislative power?
-Distinction between delegating a particular task and delegating a legislative power. |
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Schechter poultry vs Us Year/ Justices
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Year: 1935
Justice Hughes |
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Schechter poultry vs Us Questions
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-Was this legislation an unconstitutional delegation of legislative powers to trade associations and the President?
-Did these codes go beyond the commercial regulation power given to congress in article 1? |
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Schechter poultry vs Us
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Roosevelt's Response: Court-Packing Plan- appoints liberal justices
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Schechter poultry vs Us
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legislative veto
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Federalist 51
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-Madison
-Means of preventing branches from exercising the powers of the other branches 1)No selection of members of one branch by the other branches; all direct election from the people 2)Salaries would not alterable at will by the other branches 3) The members of each branch must have personal interests in preserving branch's power |
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Federalist 51
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1)No selection of members of one branch by the other branches; all direct election from the people
2)Salaries would not alterable at will by the other branches 3) The members of each branch must have personal interests in preserving branch's power |
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Federalist 51
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The 3 branches are not given the equal power of self defense- legislative is always most powerful in republican govenment
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Federalist 51
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Basically addresses means by which appropriate check and balance can be created in government and also advocates a separation of powers within the national government
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Federalist 78
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-Essay by Hamilton published 1788
-Written to explicate and justify structure of the judiciary under the constitution |
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Federalist 78
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-States that the Judiciary branch would be the weakest of the three branches
-Hamilton's argument for lifetime tenure: only certain people can do this job and in order to get the BEST lawyers, lifetime tenure is the only way to get these lawyers to serve; it gives them independence from the people |
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Federalist 78 (3 agruments)
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1) Separation of Powers (Independence)
2) Checks against ill humors of the people 3) Aristocratic (need most elite lawyers to serve) |
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Federalist 10
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-James Madison
-Causes of faction 1)property interest/ class difference 2) Passion attatchment to leaders 3) Moral/ Religious |
