Studied by 47 people
In ex parte milligan how many of Lincoln’s five appointees voted to uphold the president’s authority to try Milligan in military court in the absence of congressional authorization?
0
which group filed NFIB v Sebellius, the challenge to the Affordable Care Act?
A group of Republican Attorneys Generals
A house committee investigating the events of Jan 6 sought to obtain certain docs from former Pres Trump, Trump sued to prevent some of the docs from being releases
The SC considered his emergency motion in Trump v Thompson.
What legal issue was the SC (especially Justice Kavanaugh in his sep statement) careful to say it was not decidicing
whether a former president has the legal right to invoke executive privilege
when the SC decided US v Nixon, it responded to the requests of various groups that wanted Pres Nixon to release his White House tapes
What groups asked the courts to force Nixon to turn over the tapes?
the department of Justice Special Prosecutor
Sentate Watergate Committee
What did Pres Truman do after the SC ruled he lacked authority to seize the steel mills
he ordered the steel mills returned w/out any conditions
US v Printz
ruled in favor of local sheriffs who objected to helping the fed government w/ background checks
Chief Justice Warren was not a follower of
originalist theory of the constitutional interpretation
Chief Warren was
recognized as an effective chief
his political affiliation did not accurately predict his voting record as a justice
viewed the SC as the protector of the public
what is true of the famous concurrence in Youngstown Steel
the courts must closely examine presidential authority when Congress has neither approved or disapproved the president’s actions
the president’s authority is weakest when he acts contrary to congressional approval
that the president’s power is greatest when he acts w/ congressional approval
what goals did the Military Commissions Act of 2006 attempt to accomplish
strip fed court of habeas jurisdiction over petitions filed by Guantanamo detainees
overturn the SC interpretation of Congress’s habeas statue
what proposition listed below did the SC accept about executive privilege in US v Nixon
claim of executive privilege can be overcome when the need of the parties seeking the information is greater than the Pres’s need to keep info secret
the structure of the constitution justifies the existence of exec privilege
what was the first SC decision that acknowledged a constitutional basis for executive privilege?
US v Nixon
what SC decision first recognized that the president must comply w/ subpoena in a state court criminal proceeding
trump v vance
why were the convictions of Japanese Americans who resisted internment eventually overturned
Japanese Americans asked the courts to consider recently discovered docs revealing that the gov w/held relevant evidence from the SC
what is true about federalism
recognized by the 10th amendment
describes the division of power between national and state governments
used by both political parties
since the 1980s the SC has used the concept to limit fed power
what was different about the War on Terror than the Civil War or WW 2
the War on Terror was not waged against nation states
the War of Terror lacked clear geographical boundaries
what reason did the SC give for ruling against Fred Korematsu during WW2
public necessity may sometimes allow the gov to make restrictions based on race
what case the SC not invoke the anti commandeering doctrine
McCulloch v Maryland
what cases did the SC invoke the anti commandeering doctrine
NY v US
Murphy v NCAA
Printz v US
what reason did John Marshall give for requiring Pres Jefferson to hand over docs in a federal criminal proceeding
presidents are not exempt from the 6th amendment guarantee that the accused are entitled to fair process
presidents are not above the law
what SC decision required the Pres to establish some process for enemy combatants detained in Guantanamo Bay
Hamdi v Rusmfeld
what branch of the fed gov employs the most people
executive
James Speed (Lincoln’s AG who argued Ex Parte Milligan) and Holme Baldridge (Truman’s Steal Seizure lawyer for Judge Pines)
made similar arguments regarding executive power during time of war
what arguments did both men make
the president is not required to follow the Bill of Rights
The constitution gives the president broad inherent powers
in response to 9/11 congress passed the authorization for Use of Military Force
what did congress authorize
the pres to use military force in response to terror attacks
the pres to try enemy combatants in military tribunals
the pres to use force against nations that aided in terror attacks against the US
in response to 9/11 congress passed the authorization for Use of Military Force
what did congress not authorize
enemy combatants to file writ of habeas corpus
duh, Hamdi v Rumsfeld, Rasul v Bush, Hamdam v Rumsfeld
method the modern SC uses to enforce federalism based limits on congress’ power
implicit limitations on congressional power such as anti commandeering doctrine
implicit limitations on congressional power such as the equal sovereignty doctrine
explicit limitations on congressional power such as the commerce clause
in what Civil War case did the SC rule that the PRes lacked authority to court martial a citizen when civil courts were operating
ex parte milligan
what SC decision did Congress seek to undo when it passed the detainee treatment act of 2005
Rasul v Bush
NFIB v Sebelius decision
upheld the individual mandate by construing it as a tax
according to the Constitution which is not a power of a pres
declare war
what is not a fact the justices should have consider when granting cert in NFIB v Sebelius
whether their ruling would be unpopular
what are facts the justices should have consider when granting cert in NFIB v Sebelius
whether court of appeals were divided on the issue
whether the issue raised in litigation was of significant national importance
whether the SC had jurisdiction
what is the purpose of the anti commandeering doctrine
to limit federal power in areas where states traditionally exercise sovereign control
during WW2 many Japanese Americans were interned after General DeWitt’s military proclamation
was the military proclamation issued alone, or was it accompanied by other legal authority
no, the military proclamation was issued pursuant to an exec order and backed up by a congressional statue
in what case did the SC finally acknowledge that Korematsu v US was wrongly decided the day it was issued
trump v hawaii
in conference after oral arguments in US v Nixon what was one thing that all the justice agreed on
nixon should be forced to hand over the white house tapes
which former SC justice is famous for hailing states as “laboratories of democracy“
Louis brandeis
the divide vote (& legal reasoning) of one justice in NFIB v Sebelius decision surprised almost all SC watchers
john roberts
what was not a purpose of the White Paper the Heritage Foundation published whole the Affordable Care Act was being debated in the Senate
to rally nationwide support for the Act
what was the purpose of the White Paper the Heritage Foundation published whole the Affordable Care Act was being debated in the Senate
to encourage congressman to vote against the act
to provide legal reasons to the courts that congress lacked authority to pass the act
to energize the conservative movement to attack the Act
Note 
Flashcard (41)