Constitutional Law: Executive Power and Individual Rights Flashcards

Vocabulary-style flashcards covering major Supreme Court cases (Morrison, Boumediene, Trump v. U.S.), executive powers, legal tests, and presidential theories.

Morrison v. Olson (Appointment Rule)

Established that Congress may allow the appointment of inferior officers outside the executive branch.

Inferior Officer Attributes (Morrison v. Olson analysis)

Characterized by having limited duties, jurisdiction, and tenure.

Morrison v. Olson (Separation of Powers Rule)

The Act does not violate separation of powers if it does not impede executive functions.

Executive Control in Morrison v. Olson

The executive branch maintained control because the AG (Attorney General) retained removal power.

Boumediene v. Bush (Suspension Clause)

Rule stating that the Suspension Clause applies where the U.S. has de facto sovereignty.

Guantanamo Detainees Habeas Rights

Habeas corpus applies because the U.S. controls Guantanamo and detainees were previously denied meaningful review.

Habeas Substitute Requirement (Boumediene v. Bush)

A substitute must provide meaningful review and the ability to correct errors.

Detainee Treatment Act (DTA) Analysis

Found to be an unconstitutional substitute for habeas because it limited evidence and provided no error correction.

Standing Test

Requires injury in fact (concrete + particularized), causation, and redressability.

Ripeness Test

Involves evaluating the fitness for judicial review and the hardship resulting from delay.

Political Question Test

Assessed via textual commitment, lack of judicial standards, and prudential concerns.

Delegation Rule

Congress may delegate authority if it provides an "intelligible principle".

Delegation Limit Cases

Delegation is not allowed when there are no clear standards, as seen in Panama and Schechter.

Principal Officers (Appointment)

Officers who must be appointed by the President and confirmed by the Senate.

Inferior Officers (Appointment)

Officers for whom Congress may assign the appointment power.

Removal Rule

The President can remove executive officers, though limits are allowed for independent agencies.

Stewardship Theory

Theory that the President may act unless specifically prohibited by the Constitution or statute.

Prerogative Power

The concept that the President may act beyond the law in emergencies for the public good.

Unitary Theory

Theory asserting that the President has complete control over the executive branch.

Literalist Theory

Theory that the President is limited strictly to enumerated powers.

Curtiss-Wright Rule

The President has broad authority in foreign affairs as the "sole organ" of the federal government.

Youngstown Zones

Zone 1: Maximum power; Zone 2: Twilight; Zone 3: Lowest power (against Congress).

War Powers Resolution Requirements

The President must notify Congress and must remove troops after $60$ days if no approval is given.

Trump v. U.S. Immunity Framework

Absolute immunity for core powers, presumptive immunity for official acts, and no immunity for private acts.

Wickard Aggregate Effects (Hypo)

The rationale under which a Congressional ban on homegrown vegetables would likely be valid.