Term
| US. v. Curtiss-Wright Export Coroporation (1936) |
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Definition
President is allowed much room to operate in foreign affairs
Sole Organ Theory
Rejection of non-delegation doctrine |
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Term
| Youngstown Sheet and Tube Co. v. Sawyer (1952) |
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Definition
President cannot takeover private property
Taft's Theory
Jackson dissent: Three-tier |
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Term
| Dames and Moore v. Regan (1981) |
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Definition
| Frozen Iranian assets authorized by Congress, suspension of legal claims "implicitly approved" |
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Term
| Missouri v. Holland (1920) |
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Definition
| Treaties are the supreme law of the land under the constitution |
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Term
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Definition
| Sole executive agreements are the same as treaties |
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Term
| Goldwater v. Carter (1979) |
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Definition
Presidents can terminate treaties
Unspecified power |
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Term
| US v. Alvarez-Machain (1992) |
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Definition
Extradition
President can violate treaties |
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Term
| New York Times v. US (1971) |
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Definition
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Term
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Definition
President has no duty to enforce multilateral treaties
Multilateral treaties = non-self executing
Bilateral treaties = self executing |
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Term
| Powell v. McCormack (1969) |
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Definition
| Congress cannot refuse to seat a member other than for Article I, Sec 5 reasons |
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Term
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Definition
| Reapportionment for state legislatures is justiciable |
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Term
| US Term Limits v. Thornton |
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Definition
| A state cannot impose restrictions other than Article I, Sec 5 limits |
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Term
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Definition
Violence Against Women Act - doesn't substantially affect interstate commerce
Should seek state remedies |
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Term
| Garcia v. San Antonio Metropolitan Transit Authority (1985) |
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Definition
No such thing as an exclusively local concern
Everyone is subject to federal authority
Overturned National League of Cities v. Usery |
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Term
| National League of Cities v. Usery (1976) |
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Definition
| Recognizes legitimate local interests as outside the jurisdiction of the federal government |
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Term
| Republican Party of Minnesota v. White (2002) |
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Definition
Elected judges can talk about their positions while running
Court superintending the political process |
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Term
Katzenbach v. McClung (1964)
Heart of Atlanta v. US (1964) |
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Definition
Upheld civil rights act under commerce clause
If you draw a substantial portion of your business from interstate commerce, it can be regulated |
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Term
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Definition
| Gitmo can apply for habeas and federal civilian courts have jurisdiction |
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Term
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Definition
"Enemy combatant" verifies indefinite holding
Status of "enemy combatant" does not defer to the executive branch
Virtual citizen |
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Term
Printz v. US (1997)
Mack v. US (1997) |
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Definition
Congress cannot force state officials to enforce a federal mandate
Gun background checks |
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Term
| Crawford v. Marion County Election Board (2007) |
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Definition
Upheld requirement of photo ID to vote
Court superintending political process |
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Term
| South Dakota v. Dole (1987) |
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Definition
| Upholds using federal funding as an incentive for complying with federal mandates |
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Term
| Nevada Department of Human Resources v. Hibbs (2003) |
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Definition
| Sovereign Immunity can be overridden if it is through the equal protection clause |
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Term
| Industrial Union Department of AFLCIO v. American Petroleum Institute (1980) |
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Definition
Revival of non-delegation doctrine by Rehnquist
Labor Department standard on benzine not authorized |
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Term
| Gomillion v. Lightfoot (1960) |
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Definition
No gerrymandering based on race
Seminal redistricting case
Tuskegee |
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Term
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Definition
Speech and debate immunity applies to aids
Publisher was not exempt from suit |
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Term
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Definition
Watergate
Court recognizes executive privilege, but it is subject to judicial review
Limited to foreign and military affairs |
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Term
| Seminole Tribe v. Florida (1996) |
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Definition
| 11th sovereign immunity applies to Indian tribes |
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Term
| Hutchinson v. Proxmire (1979) |
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Definition
Speech and debate immunity is limited to speech and debate on the Congress floor
Can be sued for published items |
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Term
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Definition
One house veto overturned
Every piece of legislation must go through the whole process
If something is debated on the floor of Congress, it is legislation |
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Term
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Definition
| Presidential emergency power |
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Term
| Rutan v. Republican Party of Illinois (1990) |
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Definition
| No patronage dismissals, promotions or transfers |
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Term
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Definition
| Invalidated Gun-Free School Zones Act because it did not have to do with interstate commerce |
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Term
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Definition
Questions asked in a Congressional hearing must be pertinent and relevant
5th Amendment - self incrimination
You have to know why the question is being asked in order to protect yourself |
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Term
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Definition
State employees cannot sue their employer, the state, to comply with federal regulations
Sovereign immunity |
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Term
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Definition
Upheld Driver Privacy Protection Act
Anything in interstate commerce can be regulated |
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Term
| Hamdan v. Rumsfeld (2006) |
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Definition
No military tribunals without Congressional approval
Military tribunals must comport with international treaties like the Geneva Convention |
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Term
| City of Boerne v. Flores (1997) |
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Definition
Congress can pass laws binding the states, but the enforcement is up to states
Congress can't define individual rights |
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Term
| Boumediene v. Bush (2008) |
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Definition
| Extends habeas and Geneva protections to people at Gitmo |
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Term
| Humphreys Executor v. US (1935) |
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Definition
Appointment and removal power
Quasi-legislative and quasi-judicial policymaking positions, you can't remove somebody for their views |
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Term
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Definition
| Congress can't remove people except by impeachment |
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Term
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Definition
Anonymous leafletting is constitutionally protected
Federalism |
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Term
| Gibson v. Florida Legislative Investigation Committee (1964) |
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Definition
| All limitation placed on Congress through Barenblatt and Watkins apply to state legislatures |
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Term
| South Carolina v. Katzenbach (1966) |
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Definition
No literacy tests
Federalism |
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Term
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Definition
| Senate has sole power over impeachment, which means that they can delegate it to a committee |
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Term
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Definition
| Militia and blockade during Civil War upheld |
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Term
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Definition
| Suspension of habeas and trying civilians in military tribunals is not cool |
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Term
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Definition
Aggregation Principle
Drugs - legalizing pot will have an effect on interstate commerce, so Congress can regulate the intrastate market |
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Term
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Definition
| President can be sued in civil court |
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Term
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Definition
Redistricting
North Carolina 5th District
Colorblind constitution |
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Term
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Definition
North Carolina 5th District
Race can be a factor, but not the predominating factor |
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Term
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Definition
Interstate commerce
Navigation = commerce |
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Term
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Definition
Production v. Distribution
Attempt to monopolize production is not interstate commerce and is thus not subject to regulation |
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Term
| Hammer v. Dagenhart (1916) |
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Definition
Production v. Distribution
Child labor is a method of production
Strikes down Child Labor Act |
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Term
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Definition
| No unfunded federal mandates |
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Term
| Gonzalez v. Oregon (2006) |
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Definition
Rejects Chevron doctrine
Assisted suicide
Upheld a state positive law over a regulatory interpretation of a law |
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Term
| National Labor Relations Board v. Jones and Laughlin Steel Corp. (1937) |
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Definition
Overturns Schechter
Any business affected by interstate commerce are subject to regulation, not just those affecting interstate commerce |
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Term
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Definition
Standardless recounts are unconstitutional by the equal protection clause
"Intent of the voter" not specified between counties |
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Term
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Definition
| Reapportionment is not a political question and is thus justiciable |
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Term
| Vieth v. Jubelirer (2004) |
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Definition
| Political gerrymandering is not justiciable |
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Term
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Definition
HUAC - Congressional investigatory powers
Contempt of Congress is legitimate as long as it aids the legislative process |
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Term
| Clinton v. City of NY (1998) |
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Definition
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Term
| Schechter Poultry Corp. v. US (1935) |
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Definition
Interstate commerce
Businesses that don't substantially affect interstate commerce cannot be regulated
Non-delegation doctrine - NRA |
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Term
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Definition
| Independent counsels can sue government officials |
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Term
| Wickard v. Filburn (1941) |
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Definition
Establishes aggregation principle
The sum of people's commercial activities can have an effect on interstate commerce and are thus subject to regulation |
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Term
| Cooley v. Board of Wardens (1852) |
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Definition
| When an issue is entirely local, even a state can regulate individuals engaging in interstate commerce |
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Term
| US v. Darby Lumber Company (1941) |
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Definition
Overturned Hammer v. Dagenhart
In order to ship something across state lines, you must comply with federal production and distribution standards |
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Term
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Definition
| Only the president has removal power |
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Term
| Wesberry v. Sanders (1964) |
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Definition
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