exam 3 multiple choice

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