CONLAW Midterm

14th Amendment and Trump’s Attempt to change this

Ensured people born in the US, legally or not, under the jurisdiction, equal protection, and due process .

Trump has been against its naturalization of citizenship

What is a stay in the context of executive orders

Judicial branch may stop an “executive order” when it would irrevocably affect lower courts. Many are pursing injuctions in lower distrion courts against trump’s executive orders

What is the ithe ideology of exeucitve power from trump’s perspective

Unitary Executive

What is the unitary executive

The belief in the president using excessive power, most notably because of how vague the constitution can be

What is plurality in the context of SC

When multiple judges agree on the final outcome but there’s no majority on the opinion

The result isn’t precedent and it only resolved the decision at hand

What is stare decisis

The idea of precedence for sake of upholding consistency and legitimacy in the laws

Examples of where Stare decisis isn’t followed

Roe v Wade-Dobbs v Jackson—abortion

Brown vs Board—overturned the analysis of separate but equal doctrine

Common Law Aspects

Stare Decisis

Legal Precedent creates law

Judges play active role in interpreting and creating law-not just defering to legislature

CIvil Law Aspects

Statues

Law created legilative body

Judges just interpret law not create

Who Creates Law in US: Article 1

Congress

Who Creates Law in US: Article 2

Exeuctive branch: executive orders - deep state - federal agencies pass most laws with congressional delegation of authority. Congress has the check to defund a federal agency. Congress can also create lawa law that takes away that power

Whoe Creates Law in US: Article 3

Judiciary creates law by interpreting

Overall takeaway from law making according to the 3 aritcles

There’s checks to each branch when creating law

1014 statute is related to..

Letitica James—mortgage fraud

Characteristics of American Constitution: (6)

Popular Sovereignty

Federalism-state and federal

Separation of Powers

Representative Gov

Checks and Balances

Enumerated and implied powers

Why is the COnstitution so hard to amend?

Requires a lot of time and voting, mainly that it is approved by 2/3 in senate and house, followed by ¾ ratifcation by the states

What is the supremacy clause and article

Article 6 states that if state and federal laws are in conflict of each other, federal law is supreme over the state law

What is article 4 (State law topic)

Doctrine of Comity-states must respect another’s law - became an issue when some northern states ooutlawed slavery

Article 5 (Has to do with amending constitution)

2/3 congress (house and senate), and ¾ ratification by the state

WHen does Supreme Court have original jurisdiction

two cases: a battle between states, or one involving a public ministers or ambassadors

Certiorari process

The idea of appeals travelng up the courts when a legal error occurs. It’s not right based.

When does the SC typically take on a case

Important Constitutional Question

Split Circuit Court

Does the appeals ever have OG jursidiction

No

Deference in context of appeals

Means defering to lower courts findings

What is Trump v cook

It’s a case testing the limits of presidential pwoer, as Trump is attempting to remove Lisa Cook off the Federal Reserve

Issues where Trunmp is testing the Constitution

Death penality from deadly crimes by immigrants

Universal tariffs on mexico and canada

Police Immunity

Renaming Gulf of Mexico

Unitary Executive Theory

Absolute authority for the president to remove, control and direct executive branch officials and Agencies

Pathways to SC Review

OG jurisdiction

Appeal

Certification

Petition for Certiorari

Pathways to Federal Court

Diversity of Citizenship

Federal Question

Federal Party

What is Diversity of Citizenship

Jurisdiction for federal courts where all parties are from different states and the amount exceeds $75,000

What is judicial review

The power of the court to review and overturn other branches such as congress and executive orders. This is not in constitution

Case for judicial review

Marbury v Madison—John adams attempted to appoint midnigtht judges but the appointees. including marbury, were prvented their commission. The court was unable to review due to the judiciary act of 1789, which created the court’s ability to review the law.

Summary of Denny Martin v Hunter’s Lessee

Lord Fairfax passed and was British and passed the land to Denny Martin. He then tried to sell it ot hunter’s lessee. Court ruled in favor of Denny because federal law allowed for the sale and trumped Virginia State Law

Summary of Cohen brothers v Virginia

The borthers sold DC lotery tickets in Virginia which violated state law. However COngtess authorized the sale of the lottery tickets

Issue: Could SC review a federal issue reviewed in state court

Yes, when laws are in conflict, strengthening federal supremacy

Summary of Cooper v Aaron

Arkansas governor refused to follow Brown v Board, arguing that they weren’t bound to federal court interpretations. But Yes, bound.

Takeaway Hunter, Cooper, and Cohen Brothers

Federal courts/law have power of state courts/law. The three show that in different contexts

What is Ex Parte McCardle

A SC decision to affirmed that Congress has the power to revoke appelate jurisdiction at any time

Justiceability

Self Imposed, Judicial laws that restrict what cases they are allowed to take

Doctrines of Justiceability

Standing

Ripeness

Mootness

Political Question

What’s the point of Justiceability Doctrines

The rules provide fairness, a reinforcement of separation of powers and limits the amount of resources —Not all cases can be heard

What is a key oversight function of congress

Subpoenas and hearings —basically able to question

What is Judge shopping

WHen filing a comlaing you want to find a judge that would likely rule in your favor

Textualism

Interpreting Constitution based on actual “ordinary meaning” not the intent

Originalism

Interpreting Constitution based on the text or original intent of the framers

Aspirationalism

Intertpreting COn based on needs of society, adapting with time

Tradition

Just as the Framers had it

Frothingham v Mellon

Frothingham didn’t like a law about funding the decrease of infant and maternal mortality rates. Courts however rules that there must be direct injury for a claim to be had, so it was dismissed

Flat v Cohen

Flat challenged the an education act which funded textbooks and materials to religious organization. Even thouh Flat didn’t have an injury, as a tax payer he can challenge Article 1 Section 8 Congtessional spending or if spending violated a certain limitation

Sierra Club v Morton

THey attempted to stop a ski devleopment on certain land, but as a 3rd party the SC ruled that a mere interest in a problem is not enough for the organization to be adversely affected

Lujan v Defenders of Wildlife

Environmentalists sued about an act that could affect the endagnerment of species. However, sincce the act hasn’t been in place yet, there was not imminent injury under Article 3 standing requirement

Elk Grove vs New Dow

Father of a student didn’t agree with the use “one nation under god”. Didn’t hanve standing hoever because of improper custody, prudential standing

Goldwater v Carter

Jimmy Carter ended a treaty with Taiwan without Senate approval. However, it wasn’t ripe because senate didn’t formally challenge Carter’s authority

National Employees Union v US

Challenged a law but wasn’t in place yet

Defunis v Oedgaard

Student applied for law school and was denied despite terrific application. Case was dismissed because the grievance was no longer releavant and went to school

Exceptions to Mootness

Residual harm May still occur

Repittion of harm yet evading review

Case can never get to court in time for resolution

Exampe of one of these is Roe v Wade-abortions happens all the time and resolved,

Shadow Docket

Expedited hearing or injunction

Three Perspectives on Presidential Power

Taft - must be trtaceable to constitution

Roosevelt - expansive view

Locke- discretionary even if against the law

IEEPA

An Act by congress that allows the president the discretion to make an executive order for economic sanction if it’s in the interest of foreign policy under certain circumstances

US v Curtis Wright Export Corporation

The Congress endorsed an Embarago against the sale of weaponry. The company obviously had and issue. Because it was foreign policy, the president is the sole organ and that pwoer unfettered

Two Sources of Pred Power

Cons or Congress

Agee Case

Yes, Pres can strip a passport for the sake of protection. The man practically committed way on the CIA.

Zivotsky v Kerry

Ameircan Jew family wanted Israeli passport instead of it saying Jerusalem.

Youngstown Steele and Tube v Sawyer

War in Korea caused labor strik of steel mills but truman ordered them to be open.

The ruling was an over reach in domestic affairs, stating he used national security to justify this order

Difference between Curtis and Youngstown

Domestic vs Interational issue

What’s prior restraint

an imposition of restraint on publication before being published

Missouri v Holland

A treaty protecting migratory birs between GB and US conflicted with Missouri law which wanted to facilitate hunting.

Ultimatley state law 10th amendment arugment only applies to non-delegated powerr. However a federal law is supreme since a treaty was ccreated

Medellin v Texas

Mexican foreign detained in Texas and was told he could not call his consulate. By treaty this is true, but SC ruled in favor of Texas because the ICJ ruling under the Vienna Convention and its ratification in the US was “not self executing",” meaning another law was needed for it to be enforceable.

Us v Alvarez Machain

US had to kidnap him because the Mexican Govenrment was not turning him over. Because extradition wasn’t the only stated way toward custody, SC rules in his favor.

Executive Agreement

Agreement between president and head of foreign country—not a formal treaty, no senate approval, SC has never determined it unconstitutiona

US v Pink

President is “sole organ” so the agreement to help SU recover facts against NY superintendent

Executive agreements are over state laws

President vs Congressional War Powers

President-commander in chief, able to send forces

Congress-declare ware , approve militia, raise naval forces

Haven’t officially declared war since Vietnam, WWs, 1812, mexican ameircan

Prize cases

Lincoln stopped ships with fear of an invasion. SC ruled this was allowed under his powers as he didn’t declare wars.

Ex Parte Merryman

Lincoln was concerned about DC and ordered a militia. He also ordered the arrest of General Burnside, whom he denied habeas corpus. SC determined however that congress can only suspend habeas corpus, not the president

Milligan v Merryman Ruling

No a civilian can’t be tried in tribunal court even during war times

Korematsu v US

One of the worst rulings in history allowing an excutive order for Japanese impriosnment to stand becauee of the state of “emergency”. Example of where SC messed up ba

Takeaways of Prize, Milligan, ex parte merryman

Prize: President may use forces to suppress an uprise or foreign attack under Article II

Milligan: No civilian in tribunal court

Merryman: congress can only suspend habeas corpus

War Powers Act of 1973

President shall consult congress before bringing armed forces into hostilities

If not, 48 hours to tell congress

Congress has 60 days to approve force or pull out troops

Gideon v Wainwright

Case that made clear that 6th amendment forces states to provide counsel to criminal defendants

Alien Enemies Act and Trump

DUring times of declared wart, president can invoke it when a foreign government or undertakes an invasion of predatory incursion. However, trump’s been using it on immigration and on gangs

Article 3 vs administrative judges

Appointed for life vs by executive branch

T/F Immigrants have limited right to counsel in that they aren’t guaranteed a lawyer

T in immigration court

Ex parte quirin

• Facts: Germans sent saboteurs to chicago and new york. Seven were german one claimed US

• Men arrived by submarine where they changed out of German uniforms

• Congress passed a statute authorizing the president to order a military commission

• FDR issued EO appointing military commission

• Issue: Did president have the atuhority to order the german spied trreid by military commission

• Holding: President’s action upheld as he acted within the scope of his authority

Unlawful vs lawful combatant

Lawful combatants are recognized members of state armed forces or militias who abide by the laws of war, granting them prisoner of war (POW) status upon capture. Unlawful combatants are individuals who directly participate in hostilities without fulfilling these legal requirements—such as not wearing uniforms—and are not entitled to POW protection, facing trial for their action