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46 Cards in this Set
- Front
- Back
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Marbury v. Madison |
established Judicial Review |
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Supreme Court Jurisdiction |
cases involving ambassadors, public ministers, or when the U.S. itself is a party |
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Writ of Certiorari |
a petition to the higher court that commands the lower court to send the case forward |
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Ex Parte McCardle |
Congress cannot withdraw jurisdiction that was previously exercised by the Supreme Court |
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Martin v. Hunter's Lessee |
Supreme Court authority over state courts in civil matters of federal law |
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Baker v. Carr |
The redistricting of state legislative districts is not a political question, and thus is justiciable by the federal courts. |
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Flast v. Cohen |
taxpayers have standing to sue the government to prevent unconstitutional use of funds |
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McCulloch v. Maryland |
Grants Congress implied powers, right to create banks under enumerated power to coin money |
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Dredd Scott v. Sanford |
African Americans are not citizens and therefore do not have standing to sue |
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New York v. US |
Congress cannot compel state regulation |
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Printz v. US |
Congress cannot force local law enforcement to enforce national gun policy |
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US v. Comstock |
federal government has authority under the Necessary and Proper Clause to order the civil commitment of a mentally ill person past his or her sentence |
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Cohens v. Virginia |
U.S. Supreme Court has appellate jurisdiction for any U.S. case and final say. |
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Alden v. Maine |
Congress cannot force nonconsenting states to hear private suits in their own courts |
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Crosby v. National Foreign Trade Council |
Federal sanctions override state sanctions under the Supremacy clause, limiting state sanctioning abilities |
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Jacobson v. Massachusetts |
the state may restrict personal liberty to ensure health and prosperity |
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California v. Edwards |
A state cannot prohibit indigent people from moving into it. |
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Arizona v. US |
State law cannot usurp the federal government's authority to regulate immigration laws and enforcement |
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Philadelphia v. New Jersey |
A state may not place barriers on commerce entering or exiting its boundaries without expressed Congressional authorization or a compelling state interest |
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Pacific Gas & Electric et al. v. State Energy Resources Conservation and Development |
States are not preempted by the Atomic Energy Act of 1954 until the government has put in place a method for disposing of nuclear waste |
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11th Amendment |
Overrules Chisholm v. Georgia, keeps citizens from suing the state |
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10th Amendment |
The federal government only possesses power given to it by the states or the people |
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Formalism |
Constitution creates clear boundaries between branches |
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Functionalism |
Shared rather than separate powers |
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The Nondelegation Doctrine |
Congress should not delegate its lawmaking functions to any other bodies |
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Wayman v. Southard |
Establishes intelligible principle test related to the Nondelegation Doctrine |
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Mistretta v. US |
The delegation of minimum sentencing laws passed the intelligible principle test |
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Immigration and Nationalization Service v. Chadha |
Congress may not pass a statute that grants itself a legislative veto over actions of the executive branch |
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Bowsher v. Synar |
Congress cannot assign enforcement duties to legislative bodies |
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The Prize Cases |
Conditions can determine the state of war without Congress declaring it |
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Ex Parte Milligan |
The President cannot suspend writs of habeus corpus; military tribunals cannot try citizens |
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Ex Parte Quirin |
US status does not entitle you to habeus corpus if you are belligerent; belligerents are not entitled to the rights of prisoners of war |
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Hamdi v. Rumsfeld |
U.S. citizens designated as enemy combatants have the right to challenge that status under the Due Process Clause |
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Korematsu v. US |
The relocation order of US citizens is constitutional under fear of invasion |
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Youngstown Sheet and Tube v. Sawyer |
Jackson's concurring opinion established executive power test:
Most power - Congressional authorization Intermediate - Acting without denial or consent Least - Acting against expressed opinion of Congress |
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Dames and Moore v. Regan |
The president's freezing of Iranian assets was constitutional under Jackson's framework in Youngstown |
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War Powers Resolution of 1973 |
President can only send troops into a conflict abroad with the approval of Congress |
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Powell v. McCormack |
Congress cannot alter the qualifications of its members outside of the qualifications set by the Constitution |
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Gravel v. US |
The Constitution's Speech and Debate Clause extends to Congressional aides |
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Kilbourn v. Thompson |
Established 3 prong test for Investigative Powers: 1. Areas of investigation must not invade areas reserved to the courts or executive 2. Must deal with subjects Congress could validly legislate 3. Must suggest a congressional interest in legislating the subject |
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McGrain v. Daugherty |
Congress can compel a private individual to testify but the matter must be related to a legislative function for which legislation would remedy |
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Watkins v. US |
Congress must be clear about the purpose of investigations and make the object clear to the witness |
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Barenblatt v. US |
1st Amendment is trumped by the necessary government objectives to fight communism |
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US v. Curtiss-Wright Export Corp |
Authority over foreign affairs is an inherent power |
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Michigan v. Long |
States should take measures to state when their decisions are purely based on state law to prevent US Supreme Court jurisdiction |
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US Term Limits v. Thorton |
The US Constitution is the sole source of all qualifications for elected officials in the Senate and Congress |
