Presidential Powers and Constitutional Law

This set of flashcards covers key concepts related to presidential powers, constitutional law, and significant court cases relevant to these topics.

What is stewardship theory in relation to presidential power?

The president has a duty to act as a custodian of the public good, possessing broad powers to take any action not specifically forbidden by the Constitution.

What was the outcome of In Re Neagle (1890)?

Neagle was acting within his authority as a federal officer and could not be prosecuted under California state laws for protecting a Supreme Court Justice.

What did the Supreme Court rule in Clinton v. City of New York (1998) regarding the Line-Item Veto?

The Court ruled that the Line-Item Veto Act was unconstitutional as it gave the President unilateral power to change the text of enacted statutes.

What was the main issue in Morrison v. Olson (1988)?

The constitutionality of the independent counsel provisions of the Ethics in Government Act, questioning limitations on the President's and Attorney General’s control over the independent counsel.

What did the Court rule regarding the removal powers of the President in Myers v. United States (1926)?

The Court held that the President has the authority to remove executive officials without Senate consent.

Why was removal of Humphrey from the FTC commissioner position disallowed in Humphrey’s Executor v. United States (1935)?

The President cannot remove a commissioner of the Federal Trade Commission for political or policy reasons as it was an independent regulatory agency.

What did the Supreme Court hold regarding executive privilege in United States v. Nixon (1974)?

The Court ruled that executive privilege is not absolute; Nixon had to release the tapes needed for a criminal prosecution.

What was the significance of Mississippi v. Johnson (1867)?

The Court ruled that the President is immune from lawsuits seeking to stop him from carrying out his constitutional duties.

What did Clinton v. Jones (1997) clarify about presidential immunity?

It clarified that a sitting President has no immunity from civil litigation for unofficial acts committed before taking office.

What was determined in Bowsher v. Synar (1986) regarding the separation of powers?

The Supreme Court ruled that Congress could not assign the Comptroller General the power to enforce budget cuts as it violated the separation of powers doctrine.

How did the Court rule in Trump v. Vance (2020) regarding state criminal subpoenas?

The Court ruled that the President cannot claim absolute immunity from state criminal subpoenas for private financial documents.

What was the ruling in Ex parte Milligan (1866) about military trials for civilians?

The Court ruled that civilians could not be tried by military tribunals while civilian courts were open, violating their right to habeas corpus.

Why was the 'take title' provision in New York v. United States (1992) ruled unconstitutional?

It commandeered states into enforcing a federal regulatory program, violating the Tenth Amendment.

What was the main idea behind the Unitary Executive theory?

The President possesses sole authority over the entire executive branch, relying on the Constitution for the entirety of the government's executive power.

What does the 'Two Presidencies Thesis' suggest about presidential powers?

It suggests that there are effectively two presidencies—one focusing on foreign policy and one on domestic policy, with more success generally in foreign affairs.

What is executive privilege?

The idea that there is information Presidents have to be witness to that the general public has no right to know.

What was the main issue regarding the suspension of habeas corpus during the Civil War?

The issue was whether the President could suspend habeas corpus and order military arrests of civilians during an emergency without Congressional approval.

What was the Court's position in Youngstown Sheet & Tube Co. v. Sawyer (1952) concerning presidential power?

The President cannot act against the will of Congress, demonstrating the limits of presidential power even in times of war.