Constitutional Law Test 2

two theories of power

1. executive branch is a designated office therefore limited in scope of power

2. executive is a general grant of power    

3. ex: executive orders

Youngstown sheet and tube

May a President use executive order-making powers to take over an industry in order to prevent a union from striking? the president does not have this power to enact a policy to be executed in a manner consistent with the law written by Congress

US v. Nixon

executive privilege: the question about this was should the tapes be handed over to the court after being supineaed. the answer was held in Marbury v. Madison which says the court gets to interpret the law.

Trump v. Hawaii

can the president restrict travel to certain places with sponsors of terrorism? The court ruled that the president can do this on a “rational basis”. The president has to show that the country he is banning travel to is tolerating terrorist.

parte milligan

Military may not try civilians who are not actively rebelling in a military tribunal when there is a civilian court

Hamdi v. Rumsfeld

The government has a right to detain citizens who partake in war against the U.S. However, all citizens have the right to due process of the law, access to an attorney and the ability to challenge any charge or detention against him

miranda rights

The Fifth Amendment privilege is available outside the criminal court proceedings and serves to protect persons from being compelled to incriminate themselves

Gideon v. wainwright

the Sixth Amendment has led the court to argue that federal courts must provide counsel for defendants at all levels (federal and state) who are unable to employ counsel unless the right is “competently and intelligently” waived.

Adkins v. Virginia 

if a defendant can be shown to be mentally deficient by the state, then the defendant cannot sufficiently understand the seriousness of the charge, and the death penalty cannot be applied

Greg v. Georgia

the U.S. Supreme Court (and not Congress) would get to decide future death penalty cases.

1. huge uproar at the overturning of the death penalty in 1972 in a major crime wave

2. death penalty is popular in the U.S.

3. the U.S. Congress was about to pass a death penalty law (that was supported by members of both parties), directly challenging the Supreme Court’s 1972 decision (which would have forced its hands to rule again)