Federal Judicial and Executive Power

These flashcards cover key concepts and cases related to federal judicial and executive power as discussed in the lecture.

What case established the principle of judicial review?

Marbury v. Madison

What did Marbury v. Madison declare unconstitutional?

Judiciary Act of 1789

What key takeaway does Maryland v. Trump emphasize regarding constitutional interpretation?

The difference between originalism and non-originalism.

What are the three elements a plaintiff must prove to establish standing?

Injury, causation, and redressability.

In the case of Lyons, why was the plaintiff's claim considered too speculative?

Fear of future chokehold was not imminent enough for standing.

What does 'ripeness' determine in a judicial context?

Whether a case is ready for review and not premature.

What does the doctrine of mootness state regarding lawsuits?

If the plaintiff's injury ceases to exist, the case is dismissed as moot.

What is the Political Question Doctrine?

It refers to constitutional provisions left for the political branches to decide.

What is Model 1 of Presidential Power according to Youngstown?

The President may only act with express constitutional or statutory authority.

What is a key feature of Model 2 of Presidential Power?

The President has inherent authority unless it usurps another branch's powers.

In Model 3 of Presidential Power, what happens when Congress is silent?

It creates a 'twilight zone' of presidential power where authority is unclear.

What principle does Model 4 emphasize regarding presidential power?

The President has exclusive inherent powers in certain foreign policy contexts.

What case recognized that the President's lawmaking powers are limited?

Youngstown v. Sawyer.

What was the main ruling in US v. Nixon regarding presidential privilege?

Presidential privilege exists but is not absolute.

What does Curtiss-Wright clarify about presidential powers?

The federal government can exercise powers concerning foreign affairs.

What invalidated Act 214 regarding passport recognition in Zivotofsky?

The contradiction of a presidential recognition power.

What is the basis for civil lawsuits against the President for actions taken while in office?

The President has absolute immunity for official acts.

What does Clinton v. Jones establish about presidential immunity?

No immunity for unofficial acts prior to taking office.

How does the Tenth Amendment limit Congress's power under the Commerce Clause?

It enforces anti-commandeering principles.

What criteria exist for Congress to place conditions on spending grants?

Conditions must serve the general welfare, be expressly stated, and related to federal interest.

What does the anti-coercion principle under the Tenth Amendment prevent?

Congress from imposing impermissible coercion on states.

What is the significance of Section 5 of the 14th Amendment?

It allows Congress to prevent or remedy violations of the 14th Amendment.

What does the concept of justiciability refer to?

Whether a case can be brought to federal court.

What impact does standing have on judicial decision-making?

It ensures that actual adverse parties lead to better decisions.

What case highlights that wrongful acts may evade judicial review?

The political question doctrine's allowance for certain cases.

What is required for a plaintiff to show in order to establish ripeness?

A harm has occurred or is immediately going to occur.

What reason does the court provide for dismissing cases due to mootness?

If the plaintiff's injury resolves while the lawsuit is pending.

What did the court rule in Hamdi regarding due process?

Individuals must have due process rights to challenge enemy combatant status.

Overall, how does the lecture define the relationship between legislative authority and executive powers?

They must operate within constitutional boundaries, and Congress can check executive powers.

What limits does the Tenth Amendment impose on spending powers?

No coercive conditions that deny states genuine options.

Why is the distinction between civil and criminal immunity significant for the President?

It clarifies the protections against lawsuits while fulfilling duties.

What does the phrase 'substantial effects on interstate commerce' refer to?

It allows regulation of economic activities that significantly impact commerce.