Sc Cases:separation Of Powers

Front 1

Mistretta v. US

Back 1

US Sentencing Commission created under Sentencing Reform Act of 1984.

Did Act violate the nondelegation doctrine of the Constitution?

No. Congress can't delegate its power to another branch but it can obtain assistance from other branches. Validity test- "intelligible principle" must be established by legislature where agency of delegated authority must adhere to specific directives that govern its authority.

Front 2

Immigration and Naturalization Service v. Chadha

Back 2

Did the Immigration and Nationality Act, which allowed a one-House veto of executive actions, violate the separation of powers doctrine?

Yes. Even though the Act would enhance governmental efficiency, it violated the "explicit constitutional standards" regarding lawmaking and congressional authority.

Front 3

Bowsher v. Synar

Back 3

Did the functions assigned by Congress to the Comptroller General of the US under the Gramm-Rudman-Hllings Deficit Control Act of 1985 violate the doctrine of separation of powers?
Yes. Exploring the provisions defined in the statute, it was clear the officer was subservient to the legislative branch.Also, in the functions delegated to the Comptroller General it was shown that the officer was being asked to execute the laws, stepping on the feet of the executive branch.

Front 4

The Prize Cases

Back 4

Did Lincoln act within his presidential powers defined by Article II when he ordered the seizures absent a declaration of war?
Yes.A State of war existed de facto after the firing on Fort Sumter. When states waged war against the US government the President was bound to meet it in the shape it presented itself w/o waiting for Congress's declaration of war.

Front 5

Ex Parte Milligan

Back 5

Sentenced to death by military commission. Sought release through habeas corpus from a federal court.

Does a civil court have jurisdiction over a military tribunal?

Yes. Martial law cannot exist where the civil courts are operating.

Front 6

Korematsu v. US

Back 6

Presidential Exec Order and congressional statutes gave military authority to exclude citizens of Japanese ancestry from areas deemed critical to national defense and potentially vulnerable espionage.

Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?

No. The need to protect against espionage outweighed Korematsu's rights. Compulsory exclusion is justified during circumstances of emergency and peril.

Front 7

Youngstown Sheet & Tube Co. v. Sawyer

Back 7

President Truman issued exec order directing Sec of Commerce Sawyer to seize and operate most of nation's steel mills in order to avert the expected effects of a strike by the United Steelworkers of America.

Did the President have the constitutional authority to seize and operate the steel mills?

No. No congressional statute that authorized President to do this. Also, President's military power as Commander in Chief did not extend to labor disputes. The President's power to see that laws are faithfully executed refutes the idea that he is to be a lawmaker.

Front 8

Dames & Moore v. Regan

Back 8

Did the President have the authority to transfer Iranian funds and to nullify legal claims against Iran?

The Int'l Emergency Economic Powers Act (IEEPA) constituted a specific congressional authorization for the President to order the transfer of Iranian assets. Also although the IEEPA itself did not authorize the presidential suspension of legal claims, previous acts of Congress had "implicitly approved" of executive control of claim settlement. The Court emphasized the narrowness of its ruling, limiting the decision to the facts of the case.