Constitutional Law chapter 3 presidential power, rule of law and foreign language

US V. Curtiss Wright Export Corporation 1936

Supreme court case that addressed separation of powers and the extent of presidential powers in foreign affairs

Missouri V. Holland

(Migratory birds) Supreme court case that dealt with the treaty power of the federal government and affirmed that treaties made under the constitution can override state laws (federal protections)

Madellin V. Texas

Supreme court case that held that international treaties do not automatically have domestic legal effect unless congress has enacted the necessary legislation

The Prize Cases 1863

supreme court case that addressed the constitutionality of a novel blockade during the civil war and affirmed the president’s power to act in foreign affairs without congressional approval

Ex Parte Miligan 1866

Supreme court case that ruled that military tribunals cannot try civilians when civil courts are available, affirming constitutional protections in time of war. sentenced to death for disloyalty in military courts

Korematsu V. US 1944

supreme court case that upheld the internment of japanese americans during WW2 as a warcrime necessity, later criticized for it’s endorsement of racial discrimination

Rasul V. Bush 2004

supreme court case that held the US courts had jurisdictio to hear habeas corpus petitions filed by foreign nationals detained at Guantanamo Bay, ruling that the detainees had the right to challenge their detention in US courts

Boudiene V. Bush 2007

supreme court case that upheld the right of detainees at Guantanamo Bay to challenge their detention in the US courts, reinforcing the due process rights of non-citizens

Office and powers: the 2 presidencies

Political theory suggestion the president has 2 roles, one. as a leader of foreign policy and another as the leader of domestic policy, highlighting the differences in presidential power and influence in these areas

sovereignty question

addresses the authority and independence of a state or nation to govern itself without external interference, often discussed in the context of international law and relations

Youngstown sheet and Tube Co. V. Sawyer 1952

supreme court case that limited the power of the president to seize private property without congressional approval, affirming the system of checks and balances in the government

checks and balances

fundamental principle of the constitution that ensures no one branch of government becomes too powerful by providing each branch with the ability to restrain the powers of the others

Reid V. Covert 1957

supreme court case that rules that civilian courts, not military tribunals, have jurisdiction to try civilians, reinforcing the rights of individuals under the constitution

War making powers

only congress can declare war, 5 wars in the US