U.S. War Powers, Supreme Court Cases, and Federalism: Key Concepts and Court Rulings

Who is the commander-in-chief of the armed forces?

The President of the United States.

What power does Congress have regarding war?

Congress has the power to declare war.

How many times has Congress declared war?

Five times.

Name one war declared by Congress.

The War of 1812.

What was the issue in the Prize Cases (1863)?

Whether Lincoln could engage in wartime activities without Congress declaring war.

What was the Supreme Court's ruling in the Prize Cases?

The Court ruled in favor of Lincoln, expanding presidential war powers without a formal declaration of war.

What was the issue in Ex Parte Milligan (1866)?

Whether the President could suspend habeas corpus during the Civil War.

What did the Supreme Court decide in Ex Parte Milligan?

The Court ruled that suspension of habeas corpus is unlawful where civilian courts are operating.

What was the Gulf of Tonkin Resolution?

A resolution that gave the president limited authority to assist Southern Vietnam.

What is the War Powers Resolution of 1973?

A law to prevent the president's unilateral commitment of troops to foreign areas.

What must the president do before sending troops into hostile situations?

Submit a report to Congress and continue to consult as long as troops remain.

What happens if troops are not approved for continued action after 60 days?

Troops must be removed unless Congress approves continued action.

What is the difference between declared wars and undeclared wars?

Declared wars provide broader authorization; undeclared wars typically have time and procedural limits.

What was the issue in Hamdan v. Rumsfeld (2006)?

Whether the president could authorize military tribunals without congressional authorization.

What was the Supreme Court's ruling in Hamdan v. Rumsfeld?

The Court ruled that Hamdan's case could be tried in federal court or Congress could approve the tribunals.

What was the issue in Korematsu v. US (1944)?

Whether the president could restrict civil liberties during wartime.

What did the Supreme Court rule in Korematsu v. US?

The Court ruled that restrictions on civil liberties during wartime were acceptable under perceived national security threats.

Who became the strongest proponent of separation of powers?

James Madison.

What is the main argument in Federalist 47?

The need for separation of powers to prevent concentration of power in one body.

What has the Supreme Court done regarding the delegation of power by Congress?

The Court has addressed issues when Congress delegates its law-making power to other branches.

What is the primary reason Congress delegates powers to other branches?

To effectively manage and execute laws.

What are the implications of the Authorization for Use of Military Force (AUMF)?

It allows broader presidential authority without specifying an enemy.

What is a key characteristic of undeclared wars?

They typically specify time and procedural limits on presidential actions.

What was the context of the Vietnam Conflict regarding presidential powers?

Nixon's use of the Gulf of Tonkin Resolution raised questions about the limits of presidential authority.

What is the significance of the War on Terror in relation to presidential powers?

It allows the president to define the enemy and use necessary force without a formal declaration of war.

What does the War Powers Resolution require from the president?

To report to Congress before sending troops into hostile situations.

What was the outcome of military actions without formal declarations of war?

They have been authorized in various conflicts, such as Korea and Vietnam.

What is the general stance of the U.S. Supreme Court (USSC) regarding the delegation of power?

The USSC generally upholds the delegation of power.

What was the significance of Wayman v. Southard (1825)?

It established that Congress can allow courts to set their own judicial rules, distinguishing between 'important subjects' and those of 'less interest.'

What did the USSC rule in Hampton & Company v. U.S. (2018)?

The case is not specified in detail, but it relates to the delegation of power and judicial rules.

What was the issue in Mistretta v. U.S. (1989)?

It dealt with Congress establishing the U.S. Sentencing Commission, which created sentencing guidelines for federal judges.

What was the USSC's reasoning in Mistretta v. U.S. regarding the delegation of lawmaking powers?

The USSC disagreed with critics, stating that the commission comprised experts best suited to create sentencing guidelines.

What is a legislative veto?

It allows the legislative branch to nullify policies made by Congress through a vote of both houses, one house, or a committee.

What case challenged the legislative veto?

Immigration and Naturalization Service v. Chadha.

What was the outcome of Immigration and Naturalization Service v. Chadha?

The USSC ruled against the legislative veto, stating it violated the separation of powers.

What did the USSC rule in US v. Darby Lumber regarding the Federal Labor Standards Act?

The court ruled that states cannot be relied upon to develop fair standards, affirming federal authority under the necessary and proper clause.

What is coercive federalism?

It refers to the use of federal authority to compel states to comply with federal mandates, often through funding incentives.

What was the significance of New York v. U.S. (1992)?

The USSC ruled that the federal government cannot compel states to comply with federal regulations regarding waste disposal.

What was the issue in Printz v. United States?

It challenged the requirement for local law enforcement to conduct background checks under the Brady Bill.

What did the USSC decide in Printz v. United States?

The court ruled that the federal government cannot compel local officials to administer federal programs.

What was the controversy surrounding Independent Business v. Sebelius?

It involved the Medicaid expansion under Obamacare, where states faced threats of losing existing funds if they did not comply.

What was the USSC's ruling in Independent Business v. Sebelius?

The court ruled that Congress cannot punish states for failing to comply with the Medicaid expansion by removing existing funds.

What does Article 4 of the U.S. Constitution address?

It outlines the relations between states, including the Full Faith and Credit Clause.

What is the Full Faith and Credit Clause?

It requires all states to respect the laws and court decisions of other states.

What is the purpose of the Full Faith and Credit Clause?

To require states to recognize and enforce the public acts, records, and judicial proceedings of other states.

What did the Defense of Marriage Act (DOMA) of 1997 state?

It indicated that states are not obliged to recognize same-sex marriages performed in other states.

What was the significance of US v. Windsor (2013)?

It declared the Defense of Marriage Act unconstitutional.

What legislation was passed to ensure states recognize custody decisions from other states?

The Parental Kidnapping Prevention Act (1970).

What did the Violence Against Women Act (1994) accomplish?

It required states to recognize and enforce protection orders issued by other states.

What does the Privileges and Immunities Clause protect?

It protects citizens from differential treatment by states based on their state of origin.

What is the Rendition Clause concerned with?

The extradition of offenders fleeing from one state to another.

What historical law required the return of escaped slaves?

The Fugitive Slave Law of 1850.

What is required for states to enter into compacts with each other?

Congressional approval is required for interstate compacts.

What is Dual Federalism?

A view that sees states and the federal government as co-equal sovereigns.

What is Cooperative Federalism?

A view where the federal government is supreme and sets policy for the nation.

What did Madison argue in Federalist 45 regarding state powers?

He argued that the powers of the federal government are 'new and defined,' while state powers are 'numerous and indefinite.'

What was the outcome of Chisholm v. Georgia?

The Supreme Court ruled that federal courts had jurisdiction over cases where citizens of one state sued another state.

What amendment was passed in response to Chisholm v. Georgia?

The 11th Amendment, which limits the ability of individuals to sue states in federal court.

What was the impact of the Marshall Court on federalism?

It elevated federal power over states, particularly through cases like M'Culloch v. Maryland.

What was the Taney Court's approach to federalism?

It increased state sovereignty, often relying on the 10th Amendment.

What was the significance of Scott v. Sandford?

It upheld state sovereignty and is believed to have contributed to the Civil War.

What effect did the Civil War Amendments have on federalism?

They placed restrictions on states regarding their treatment of former slaves.

What trend emerged in federalism after the 1890s?

A shift towards dual federalism with pro-business decisions by the courts.

What is important about federalist paper 45?

it's intended to reassure the anti-federalists that the American government will not be the most powerful; most of the power will still remain with the states.

what's important about federalist paper 46?

it goes into detail about the power dynamics between the state and federal government, emphasizing that the people and their loyalty to their states will remain the top priority.

what's important about federalist paper 47?

while it does define the separation of powers as essential to democracy, it does clarify that some overlap is necessary in order to have a successfully run federal government.

what's important about federalist paper 48?

it argues that written boundaries alone (parchment barriers) aren't enough to separate government powers; the branches need actual constitutional control over each other to prevent tyranny, especially warning that the legislature, being closest to the people, is most prone to "encroaching" power and absorbing others into its "impetuous vortex"

Who is the commander-in-chief of the armed forces?

The President of the United States.

What power does Congress have in relation to war?

Congress has the power to declare war.

How many times has Congress formally declared war?

Five times.

Name one of the wars that Congress declared.

The War of 1812.

What was the issue in the Prize Cases (1863)?

Whether Lincoln could engage in wartime activities without Congress declaring war.

What was the outcome of the Prize Cases?

The US Supreme Court ruled in favor of Lincoln, expanding presidential war powers.

What did Ex Parte Milligan (1866) address?

Whether the President could suspend habeas corpus during the Civil War.

What was the ruling in Ex Parte Milligan?

The US Supreme Court ruled that the suspension of habeas corpus was unlawful in areas with functioning civilian courts.

What was the Gulf of Tonkin Resolution?

A resolution that gave the President limited authority to assist Southern Vietnam.

What is the War Powers Resolution of 1973?

A law to limit the President's ability to commit troops without congressional approval.

What does the Authorization for Use of Military Force (AUMF) allow?

It allows the President to use military force without a formal declaration of war.

What was the significance of Hamdan v. Rumsfeld (2006)?

The US Supreme Court ruled that military tribunals require congressional authorization.

What was the issue in Korematsu v. US (1944)?

Whether the President could restrict civil liberties during wartime.

What was the ruling in Korematsu v. US?

The US Supreme Court ruled that the evacuation of Japanese Americans was acceptable during wartime.

What is the main argument of Federalist 47?

There needs to be a separation of powers to prevent concentration of power.

What does Federalist 51 emphasize?

The need for checks and balances to protect against encroachments by other branches.

What does Federalist 48 argue?

No one branch should exercise power over the others, ensuring true separation of powers.

What has the US Supreme Court done regarding separation of powers?

It has provided leeway to Congress and the Executive Branch in exercising their powers.

What is the role of Congress in law-making?

Congress has sole law-making power but can delegate some powers to other branches.

What is a key concern regarding the delegation of powers by Congress?

The potential for branches to overstep their bounds and infringe on the powers of others.

What is the significance of the term 'undeclared wars'?

These are military actions taken without a formal declaration of war, often giving the President narrower authorization.

What is the difference between declared wars and undeclared wars?

Declared wars provide broader authorization, while undeclared wars have more restrictions.

What is the impact of the AUMF on the President's war powers?

It allows the President to target any entity in the 'War on Terror' without specifying an enemy.

What is the purpose of the War Powers Resolution?

To prevent the President from unilaterally committing troops to foreign conflicts.

What was President Nixon's controversial action during the Vietnam Conflict?

Conducting covert missions inside Cambodia without explicit congressional approval.

What does the term 'civil liberties' refer to in the context of wartime?

The rights and freedoms that are guaranteed to individuals, which may be restricted during war.

What historical context led to the Korematsu case?

The fear of Japanese invasion after Pearl Harbor and the internment of Japanese Americans.

What is the US Supreme Court's (USSC) general stance on delegation of power?

The USSC generally upholds the delegation of power.

What case involved Congress allowing courts to set their own judicial rules?

Wayman v. Southard (1825)

In Wayman v. Southard, what distinction did the USSC make regarding subjects of power delegation?

The USSC distinguished between 'important subjects' that must be dealt with by Congress and 'those of less interest' that can be delegated.

What case upheld the delegation of power to impose tariffs to protect US industry?

Hampton & Company v. US (1928)

What standard did the USSC set regarding delegation of power in Hampton & Company v. US?

The delegation of powers is an implied power of Congress, relying on common sense regarding the qualifications of the party assigned the power.

What modern case involved Congress establishing the US Sentencing Commission?

Mistretta v. US (1989)