Untitled Flashcards Set

Article VI vs. 10th Amendment

Core conflict: Federal supremacy vs. state rights.

Factions (Federalist #10)

Groups of citizens with common interests, potentially adverse to rights of others.

Separation of Powers

Division of government power among legislative, executive, and judicial branches.

Checks and Balances

System where each branch limits powers of others to prevent one from becoming too powerful.

Senate Advice and Consent

Senate's power to approve treaties and appointments.

Judicial Review

The power of courts to determine the constitutionality of laws.

Original Jurisdiction (SC)

Cases involving ambassadors or states directly.

Appellate Jurisdiction (SC)

Power to review decisions from lower courts.

Exceptions and Regulations

Congress can limit Supreme Court's appellate jurisdiction.

Original vs. Appellate Jurisdiction

Original: first hearing; Appellate: review of lower court decisions.

Marbury v. Madison

Established judicial review; case about non-delivery of a commission.

Martin v. Hunter’s Lessee

case established Supreme Court's authority to review state court decisions on federal law.

Say What the Law Is

Judiciary's role to interpret and apply law, per Marbury v. Madison.

Originalism

Constitution interpretation based on original understanding.

Living Constitution

Interpretation of the Constitution as adaptable to modern society.

Compact Theory

Constitution as a pact among states, allowing interpretation of federal laws.

Ripeness

Case presenting an actual controversy but too early for judicial resolution.

Mootness

Case where the controversy is resolved, rendering intervention unnecessary.

Standing

Party must demonstrate a personal stake in the case outcome.

Political Question

Issues courts avoid for being more appropriate for political branches.

Necessary and Proper Clause

Congress can make laws necessary to exercise enumerated powers.

Unitary Executive

President has absolute control over executive branch.

Treaty Power

President negotiates treaties, Senate requires two-thirds approval.

Youngstown Case

Limited presidential power to seize property during a labor dispute.

Executive Privilege

President's right to withhold confidential communications.

Locke's Property

Ownership through labor, limited by waste and social obligations.

Paine's Agrarian Justice

Natural property rights for all, with compensation for landless citizens.

Generational Sovereignty

Each generation's right to govern itself and use resources.

Illinois Central RR

Public trust doctrine limits states' control of certain resources.

Davidson - Titles of Nobility

Concerns about modern forms of nobility and their influence.

Davidson - Scalia's Standing

Critique of strict standing principles limiting future generations' representation.

Juliana v. U.S.

Recognized climate system's fundamental right for sustaining life.

Institutes of Justinian

Common resources' public trust principles influencing generational rights.

Davidson - Private Land Ownership vs. Government Power

Land as sovereignty; societal obligations and government oversight.

Advisory Opinions

Courts do not issue opinions on hypothetical legal questions.

Los Angeles v. Lyons

Standing limits; distinction between past damages and future injuries.

Allen v. Wright

Lack of standing due to insufficient causation in IRS policy challenge.

United States v. S.C.R.A.P.

Expanded standing to include aesthetic and environmental harms.

Lujan v. Defenders of Wildlife

Reinforced strict standing requirements; no direct injury shown.

Hollingsworth v. Perry

Ballot sponsors lacked standing to defend state law in federal court.

Elk Grove Unified School Dist. v. Newdow

Court avoids intervening in domestic relations over the Pledge of Allegiance.

Flast v. Cohen

Taxpayer standing to challenge unconstitutional taxing under specific limits.

Baker v. Carr

Malapportionment is justiciable; reinforces one person, one vote principle.

Rucho v. Common Cause

Partisan gerrymandering is a nonjusticiable political question.

Walter Nixon v. United States

Senate impeachment trial procedures as nonjusticiable.

Goldwater v. Carter

Treaty termination issues are political questions, not for courts.

Powell v. McCormack

Congress cannot impose additional qualifications for membership.

U.S. Term Limits v. Thornton

States cannot set term limits for Congress members.

Speech or Debate Clause

Protects Congress members from legal liability for legislative acts.

McCulloch v. Maryland

Established implied powers and federal law supremacy.

Goldwater v. Carter (Treaty Termination)

Political question of unilateral treaty termination.

Quinn v. United States

Congressional investigatory power limited by Fifth Amendment rights.

Gibson v. Florida Legislative Investigative Committee

Freedom of association and limits on disclosing member lists.

J.W. Hampton, Jr. & Co. v. United States

Intelligible principle test for congressional delegation of power.

Schechter Poultry Corp. v. United States

Struck down National Industrial Recovery Act for excessive delegation.

Immigration and Naturalization Service v. Chadha

Legislative veto of executive actions deemed unconstitutional.

Federalist 70

Advocates for a strong, energetic, unitary executive.

Sole Organ Theory

President as sole organ of the nation in foreign relations.

United States v. Curtiss-Wright Corp.

Affirmed broad presidential power in foreign affairs.

Zivotofsky v. Kerry

President holds exclusive power to recognize foreign nations.

Missouri v. Holland

Treaties can extend Congress's law-making powers.

United States v. Belmont/Pink

Executive agreements possess the force of law.

Prize Cases

President can act without congressional approval during emergencies.

Korematsu v. United States

Constitutionality of Japanese-American internment during WWII upheld.

Boumediene v. Bush

Constitutional right to habeas corpus for Guantanamo detainees.

Youngstown Sheet & Tube Co. v. Sawyer (Jackson's Concurrence)

Three categories of presidential power relating to congressional authority.

Ex parte Garland

Reinforced the scope of presidential pardon power.

United States v. Nixon

Limited executive privilege; compliance with subpoenas mandated.

Clinton v. Jones

President can be sued for conduct occurring prior to taking office.

Nixon v. Fitzgerald

President entitled to absolute immunity from civil damages for official acts.