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33 Cards in this Set
- Front
- Back
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What are the advantages and disadvantages of federalism?
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Advantages: More points of access, furthers checks on exercise of goernment powers; allows for experimentation
Disadvantages: inefficiency (coordination), not comprehensible, states very concerned due to necessary and proper clause, supremacy clause and remedy to 10th amendment. |
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What were the 2 questions and reasonings addressed by Marshall in the McCulloch case?
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1) Can congress create a bank?-yes, states weren't part of the contract and constitution is vague.
2) Can states tax federal objects?- No, power to tax is power to destroy |
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Can congress attach conditions to president's removal power?
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Yes, congress can put conditions on if president fires somebody. Pose positiong if people are working for agency that does thing beyong executive
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What is the 3 prong tests in Hodel v. Virginia?
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1. regulation is states as states
2. regulation must address matters that are attributes of state sovereignty 3. states compliance with regulation would directly impair its ability to structure integral operations in areas of traditional governmental functions |
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What were the indicators that a strong rights position was reemerging in the nation from 1830 to 1857?
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The temperance movement, The Dread Scott, and the Missour Compromise
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What happened in the Prize case?
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Lincoln procclaimed a blocked of southern ports. He seized 4 ships:
Before congressional declaration of hostilities Before congressional raitifcation of blockade Owners to sure to recover ships and property on ships. Did a state of war exist? The Civil Ware was never formally declared; true test of war, when the regular course of justice is interrupted. |
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What was the saturday night massacre?
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Archibald Cox asked Nixon to turnover tapes, in repsonse Nixon orderd Cox to be fired. Two of the highest officials resigned and Cox was dismissed- this incident triggered the call for president's impeachment
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What were the court decisions and the reasoning for these decisions in US v. Nixon?
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The court held that neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications can sustain an absolute privilege-presidential privilege.
The court granted that there was limited executive privilege in areas of military or diplomatic affairs but gave preference to the funammental demands of due process of law in the fair adminstration of justice. The president must obey the subpoena and produce the tapes and documents |
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What was the political and legal significance of the Nixon decision?
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The president is not immune from judicial process and must turn over evidence subpoenaed by the courts. The doctrine of executive privilege entitles the prsident to a high degree of confidentiality from the courts if the evidence involves matters of national security--but the president cannot withhold evidence
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How was the court treated presidential immunity?
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The court has treated based on basic constitutional principle. No american is beyond the laws reach. Both executive privilege and presidential immunity have been subject to Constitutional interpretation by the U.S. supreme court and neither of them has been proven to be absolute.
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What condition does congress typically impose on the president's power to remove officials? When can congress impose this condition?
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The president must secure the Senate's approval to remove any official from government whose nomination had been confirmed by the Senate. Congress to place limits on the president's power by specifying that removal be for cause only. Congress cannot go so far as to reserve the power of removal to itself but conditions can be placed on the removal power.
Congress can impose this condition when there is an issue concerning the executive branch |
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Why are the following significant? Prize, milligan, quirin, and hamdi?
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They all dealth with constitutionality exeuctive power to make military decisions
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In regard to federalism what was the primary question that the court addressed in the Dred Scott case?
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The court tried to manage the slavery issue by resolving questions of ownership, the status of fugitive slaves, and slavery in the new territories. These cases were generally settled in favor of slaves and state's rights. The court argued that Scott was not a U.S. citizen and wasn't entitled to sue in federal court; Scott remained a slave
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In dred scott, what reasoning did CJ Taney use in answering the question? What were the major consequences of the decision
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Taney wrote that Congress had no power to abolish slavery in the territories since slaves are private property protected by the Constituion.
The decisions strengthened state's rights and in validated a federal law. |
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What were the reasons the why the court should nto have rendered an opinions in the Scott case?
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This greatly altered the balance of state and federal relations. The decision increased tensions and helped bring about the Civil War
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What did the court issue in Hammer v. Dagenhart?
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The court addressed the issue of whether or not Congress had the power to regulate labor conditions under the commerce clause. The court implied that Congress does not have the power to regulate commerce goods that are manufacured by children.
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What were the implications of the courts decision in Hammer?
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In previous cases the goods were inherently immoral and thus open to congressional scrutiny. This case dealt with cotton
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Why is the word "expressly" important for courts opinion in Hammer?
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The word expressly was important because it was never in the constitution and changed the intent of the framers. The 10th amendment does not say expressly. It could not possibly specify every power
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What issue did the court address in US v. Darby Lumber? What were the implications of the courts decision?
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The issue was whether congress had overstepped its constitutional authority in creating a Fair Standards Labor Act. Darby did not meet these standard and was charged with violating the law and won the appeal. The federal judge found that the fed govt is barred by the 10th amend from interfering with matters that are strictly local
purpose of act was to prevent states from using substandard labor practices to their own advantage through interstate commerce |
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What lessons can be drawn from Missouri v. Holland, Crosby, Garamendi about the courts treatment for preemption doctrine?
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Relationships between federalism and foreign affairs as well as the distribution of authority over foreign affairs within the federal government. Congress or the president could amend the consitution by the means of treaties with other countries
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missouri v. holland
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In December 1916, the United States and Great Britain entered into a treaty to protect a number of migratory birds in the U.S. and Canada. Congress passed the Migratory Bird Treaty Act in 1918 in order to facilitate enforcement of the treaty. When Ray P. Holland, the U.S. Game Warden, threatened to arrest citizens of Missouri for violating the Act, the state of Missouri challenged the treaty.
10th amendment reserving power not delegated to U.S. to states or people The stature of the treaty power--treaties are part of supreme law when made by the authority of the U,S, |
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crosby
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1996- Mass passed a law barring state entities from buying goods or servies from companies doing business with Burma
Congress imposes a set of sanctions on Burma/ gives president substantial discretion in determing extenet and duration of santions President issue executive order-- Burma engaged in repressions and issues a sanction on investments, congress imposes new sanction |
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Preemption doctrin
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Assumption that is Congress passes legislation with the intent of occupying a particular area and precluding state involvment in that area then any state legislation in that area is deemed an onstacle to the federal intent
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What is the legal significance of In re Neagle?
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Instead of viewing Neagle as a candidate for indictment for murder by a state grand jury they treated him as acting in his capacity as federal marshall. This was an affirmation of the power of both the federal government and of its executive branch
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What lessons can be drawn from Pennsylvania v. Nelson and the Pacific Gas case about the courts treatment of preemption doctrine in domestic affairs?
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The courts treatment of preemption doctrine remains consistent with past cases in which the question was whether the state law regulated or burdened interstate commerce.
Determining whether a state la unjustifiably burderns interstate commerce |
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What are the differences in the courts application of preemption doctrine between foreign and domestic affairs?
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The clause asserts and establishes the Constitution, the federal laws made in the pursuance, and the treaties made by the U.S. with foreign nations as the supreme law of the land. Artivle VI, clause 2 establishes this form of the law.
Necessity |
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What do cases US v. Butler, Steward Machine Co, and South Dakota v. Dole inform us about the constitutional limits on Congress power to tax and spend?
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Congress may attach reasonable conditions to funds disbursed to the states, must promote general welfare. With the power to tax, implicity and necessarily must come the pwoer to spend the revenues raised by such a taxation in order to meet the objectives and goals of gotv. Congress can use power to tax disfavord conduct and power to spend to encourage favored conduct
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Clinton v. city of new york
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Line-veto act: president can cancel any dollar amount of discretionary funding; any item of new direct funding; any limited tax benefit
In a 6-to-3 decision the Court first established that both the City of New York, and its affiliates, and the farmers' cooperative suffered sufficiently immediate and concrete injuries to sustain their standing to challenge the President's actions. The Court then explained that under the Presentment Clause, legislation that passes both Houses of Congress must either be entirely approved (i.e. signed) or rejected (i.e. vetoed) by the President. The Court held that by canceling only selected portions of the bills at issue, under authority granted him by the Act, the President in effect "amended" the laws before him. Such discretion, the Court concluded, violated the "finely wrought" legislative procedures of Article I as envisioned by the Framers. |
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Garcia
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Must transit authority abide by wage provisions fo FLSA?
Commerce clause but its specific language does not provide any special limiation to congress' actions with respect to the state- implication that the 10th amendment is no barrier in congressional power FLSA can extend to state employees 5-4 decision Blackmun's opinion: no distinction between traditional and non-traditional government. rejected usery O'Connor's dissent: federalism concept of majority is not sufficient to truly protect states. The emergence integrated and industrialized national economy has led to breathtkaing expansion of the powers of congress- court has to proect federalsim under 10th amend. Difficulty drawing boundaries between federal and state authority. Implications of Garcia: End of dual federalism in regard to governmental employees and policies in regard to wages, work hours, ad ovetime |
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Usery
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Commerce power regulate labor market
Rehnquist's opinion: Congress may exercise power over private endeavors even when doing so preempts state law so long as the means chosen are reasonably adapted to the legitimate ends. However, the Court distinguishes the case from Darby explaining that the 10th amendment declares that Congress cannot exercise its power so as to impair the states' integrity or their ability to function effectively in a federal system. Congress may have the authority to regulate individual businesses under the Commerce Clause, but in this case they are regulating not just individuals, but the "States as States." Brennan's concurrence: the majority view was that it advocated the courts to use a balancing approach that weighed the importance of the government’s interest with how essential the state functions are to the state’s separate and independent existence. |
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New York
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radioactive waste dump in hudson river
O'connor: Congress had the authority under Commerce Clausr to use financial rewards and access to disposal sites as incentives for state waste management 3 incentives: subrcharge certain percent dsitributed to complying states longer the delay, higher the surcharge no site compact then "take title" |
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Printz
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background checks on handguns
No. The Court constructed its opinion on the old principle that state legislatures are not subject to federal direction. The Court explained that while Congress may require the federal government to regulate commerce directly, in this case by performing background-checks on applicants for handgun ownership, the Necessary and Proper Clause does not empower it to compel state CLEOs to fulfill its federal tasks for it - even temporarily. The Court added that the Brady Bill could not require CLEOs to perform the related tasks of disposing of handgun-application forms or notifying certain applicants of the reasons for their refusal in writing, since the Brady Bill reserved such duties only for those CLEO's who voluntarily accepted them. scalia: Literalism-- only one place in constitution where state officials have to abidde by driectives of fedral officials |
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Taft-Hartley Act
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3 categories of executive power
1. president acts and congress approves 2. president acts and congress is silent (doesnt mean they oppose) 3. president acts and congress opposed Deals with labor unions to exist Jacksons concurring opinion: president acts and congress has expressed disapproval |
