GOVT 422 Exam 2

What was the Framers' initial belief about the necessity of a Bill of Rights?

They believed it was unnecessary and potentially dangerous.

What does the 10th Amendment state?

The powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved to the states respectively, or to the people.

What was Hamilton's argument regarding the Bill of Rights?

He argued that the people surrender nothing and retain everything, so specific reservations were unnecessary.

How does the 10th Amendment support the Constitution's framework?

It ensures that the national government only possesses powers delegated to it, leaving states with residual sovereignty.

What did Madison assert about the powers delegated to the federal government?

He stated that they are few and defined, while those remaining with state governments are numerous and indefinite.

What does Hamilton claim about Congressional acts beyond enumerated powers?

He describes them as acts of usurpation.

What significant change occurred regarding federal powers beginning with the New Deal Court?

There was an expansion of federal powers that diminished the role of the 10th Amendment.

What was the ruling in New York v. United States regarding the take-title provision?

It was unconstitutional because Congress cannot compel states to enact and enforce federal programs.

What is the anti-commandeering doctrine?

It states that Congress cannot force a state to enact a law that would enforce a federal program.

What was the outcome of Printz v. United States?

The Court overturned a portion of the Brady Handgun Violence Prevention Act, extending the anti-commandeering doctrine to the state executive branch.

What does the Eleventh Amendment state about lawsuits against states?

It prohibits citizens from suing a state in federal court without the state's consent.

What was the significance of Chisholm v. Georgia?

It held that a state could be sued in federal court by a citizen of another state, leading to the passage of the Eleventh Amendment.

What did Hans v. Louisiana determine about citizens suing their own state?

It ruled that a citizen cannot sue their own state in federal court.

What is sovereign immunity?

It is the principle that the government cannot be sued without its consent.

From where does the concept of sovereign immunity originate?

It comes from English Common Law, based on the doctrine that 'the king could do no wrong.'

Can Congress abrogate a state's sovereign immunity?

Yes, but it must do so with unmistakably clear language in the statute.

What is the Necessary and Proper Clause?

It allows Congress to make laws deemed necessary and proper for executing its enumerated powers.

What is the relationship between the Necessary and Proper Clause and state sovereignty?

While a law may be necessary to regulate interstate matters, it must also be a proper exercise of federal power to respect state sovereignty.

What does Chief Justice Stone say about the Tenth Amendment?

He describes it as a truism that all powers not surrendered are retained.

What was the implication of the federal powers explosion post-New Deal?

It shaped and diminished the role of the Tenth Amendment in regulating state powers.

What case established the anti-commandeering doctrine?

Prigg v. Pennsylvania established that states could not be compelled to enforce federal laws.

What is the significance of the phrase 'necessary and proper' in federal legislation?

It indicates that Congress can enact laws that are essential for executing its powers, but they must also respect state sovereignty.

What does the term 'usurpation' refer to in the context of Congressional power?

It refers to acts by Congress that exceed its enumerated powers and violate the Constitution.

What is the role of the supremacy clause in conflicts between state and federal law?

It compels state judiciaries to adhere to federal law when there is a conflict.

What does the term 'residuary sovereignty' mean in Federalist 39?

It refers to the remaining powers and authority that states retain after delegating certain powers to the national government.

What does the Indian Gaming Regulatory Act require states to do?

Negotiate in good faith with Indian tribes for setting up gambling facilities on Native American land.

What does the Indian Gaming Regulatory Act abrogate?

The states' sovereign immunity in areas related to Indian gaming.

What is the significance of the 11th Amendment in relation to state sovereignty?

It prevents congressional authorization of suits by private parties against non-consenting states.

What power does Section 5 of the 14th Amendment grant Congress?

The power to enforce the provisions of the 14th Amendment through appropriate legislation.

What was the outcome of City of Boerne v. Flores regarding RFRA?

The court ruled that RFRA was substantive and outside of Congress' authority under Section 5 of the 14th Amendment.

What does the Take Care Clause imply about the President's duties?

The President must ensure that laws are faithfully executed and cannot violate federal law.

What are the limitations on presidential powers outlined in Article II?

The President cannot declare war, make treaties without Senate consent, or pardon impeachments.

What is the term length for the President of the United States?

Four years.

What are the eligibility requirements to be President?

Must be a natural born citizen, at least 35 years old, and a resident of the U.S. for 14 years.

What is the significance of Hamilton's Federalist 68?

It emphasizes that the sense of the people should influence the choice of the President.

What is the President's role as Commander in Chief?

The President commands the Army, Navy, and Militia of the states when called into service.

What does the veto power allow the President to do?

Reject legislation presented by Congress.

What is the 22nd Amendment about?

It limits a person to being elected President no more than twice.

What historical event prompted the passage of the 22nd Amendment?

Franklin D. Roosevelt's four consecutive elections to the Presidency.

What is the President's discretion in law enforcement?

The President can choose not to investigate or prosecute every offender.

What was the court's interpretation in Cooper v. Aaron?

The Supreme Court's interpretation of the Constitution is binding on all political actors.

What does the term 'sovereign immunity' refer to?

The principle that a state cannot be sued without its consent.

What does the term 'substantive legislation' mean in the context of RFRA?

Legislation that changes the substance of the law rather than merely remedying a violation.

What is the relationship between treaties and executive powers?

Treaties are part of the law of the land but require Senate approval and are not created through the legislative process.

What is the President's authority regarding treaties?

The President can negotiate treaties but they require a two-thirds Senate approval to become law.

What does the term 'Take Care Clause' signify?

It mandates the President to execute laws faithfully and bars executive review of laws deemed unconstitutional.

How did Jefferson's presidency challenge the Take Care Clause?

Jefferson was the first President to refuse to enforce a law he believed to be unconstitutional.

What does the 14th Amendment prohibit states from doing?

Depriving any person of life, liberty, or property without due process of law.

What is the role of the electoral college in presidential elections?

The electoral college elects the President, with members appointed by each state based on its number of Senators and Representatives.

What does the term 'executive authority' encompass?

The power to control the execution of federal law and direct executive officers.

What is the significance of the Supreme Court's interpretation of the Constitution?

It serves as the definitive guide for all political actors regarding constitutional law.

What is the term limit for the President of the United States?

The President is elected for four years and can be re-elected as often as the people deem him worthy.

Who believed that limiting presidential terms would help sustain the republic?

Thomas Jefferson

What precedent did George Washington set regarding presidential terms?

He famously declined to run for a third term, establishing the two-term tradition.

What does Article I Section 4 of the Constitution state about impeachment?

The President, Vice President, and all civil Officers can be removed from office on impeachment for treason, bribery, or other high crimes and misdemeanors.

According to Hamilton in Federalist No. 69, what is the liability of the President regarding impeachment?

The President can be impeached and is liable to prosecution and punishment in the ordinary course of law.

What is the significance of Ex Parte Merryman regarding habeas corpus?

It established that the privilege of the writ of habeas corpus cannot be suspended except by act of Congress.

What did President Lincoln claim regarding the suspension of habeas corpus?

He claimed the power to suspend writs of habeas corpus during emergencies.

What was the ruling in Youngstown Sheet & Tube Co. v. Sawyer regarding presidential power?

The Court ruled that the President does not have the power to seize private property without Congressional authorization.

What are the three zones of presidential power as defined by Justice Jackson?

Zone 1: Powers granted by the Constitution or Congress; Zone 2: Actions in the face of Congressional silence; Zone 3: Actions without Congressional delegation.

In which zone did the Court find President Truman's actions in Youngstown to fall?

Zone 3, where the President acted without delegated power from Congress.

What was the outcome of Korematsu v. United States regarding civil rights during wartime?

Legal restrictions on a racial group are suspect and must be subjected to strict scrutiny.

What did Executive Order 9066 entail?

It issued a curfew for all individuals of Japanese ancestry in certain military areas.

What is the relationship between exclusion from military areas and national defense, according to the Court in Korematsu?

Exclusion was justified by the need to prevent espionage and sabotage during wartime.

What did Justice Frankfurter argue regarding presidential power?

Presidential power should be informed by past presidential practices and actions.

What did Justice Douglas emphasize about the taking of private property?

The Fifth Amendment requires just compensation for any taking, which is a power reserved for Congress.

What was the historical context of the suspension of habeas corpus?

Historically, the privilege could only be suspended by an act of Congress.

What did Hamilton argue about the President's accountability compared to the King of Great Britain?

The President is not above the law and is subject to impeachment, unlike the King who is inviolable.

What did the 22nd Amendment aim to achieve?

It aimed to codify the two-term tradition established by George Washington.

What was the significance of the Burr trials in relation to habeas corpus?

President Jefferson communicated with Congress regarding the suspension of habeas corpus during the trials.

What did the Court conclude about the President's power to act during emergencies?

Presidents have acted without explicit statutory authority in emergencies, but such actions are subject to scrutiny.

What did the Court say about the legislative power of Congress in relation to the President?

Congress has the exclusive power to legislate and regulate relations between employers and employees.

What is the primary concern regarding the President's power to suspend habeas corpus?

It raises concerns about granting the President excessive power over citizens' liberties.

What did the Court highlight about the burden of citizenship during wartime?

Citizenship entails responsibilities and privileges, and during war, the burden is heavier.

What was the main argument in Korematsu v. United States?

Korematsu argued that the entire order should be considered together, not just the military leave portion.

What did the Civil Restriction Order 1 entail?

It required individuals to depart the area, report to an assembly center, and remain under military control at a relocation center.

What was Justice Roberts' dissent in Korematsu about?

He argued that Korematsu was convicted for not submitting to imprisonment based solely on his ancestry, without evidence of disloyalty.

What did Justice Murphy state in his dissent regarding racial discrimination?

He stated that racial discrimination has no justifiable part in a democratic society and is utterly revolting among free people.

How many Japanese-American citizens were affected by the executive order during WWII?

About 120,000 Japanese-American citizens were affected.

What financial losses did those interned during the executive order incur?

They lost approximately $400 million in property during incarceration.

What reparations were paid to Japanese-Americans in 1988?

Congress issued a formal apology and paid $20,000 to each interned citizen still living.

What did the Solicitor General of the U.S. acknowledge in 2011 regarding the Korematsu case?

He acknowledged that the Federal Government failed to disclose a report showing that only a small percentage of Japanese Americans posed a potential security threat.

What did Chief Justice Roberts state in Trump v. Hawaii regarding Korematsu?

He stated that Korematsu was gravely wrong the day it was decided and has no place in law under the Constitution.

What were the charges against Trump in the recent indictment?

Trump was charged with 4 counts, including conspiracy and obstruction.

What was Trump's argument regarding presidential immunity?

He argued that the President has absolute immunity from criminal prosecutions for actions performed within the outer perimeter of official responsibilities.

What did the District Court decide regarding Trump's motion to dismiss?

The District Court denied the motion, recognizing that the president is free from liability in civil cases but not in criminal cases.

What is the point of agreement regarding former Presidents and prosecution?

A former President can be subject to prosecution for unofficial actions committed while in office.

What is the holding regarding a former President's immunity from criminal prosecution?

A former President has some immunity from criminal prosecution for official acts during his tenure in office.

What is the distinction made regarding the President's authority and congressional action?

The courts have no power to control the President's discretion when acting pursuant to powers vested by the Constitution.

What happens when the President acts without authority from law?

The court can intervene if the President acts with mere individual will without legal authority.

What is the 'twilight zone' in relation to presidential actions?

It refers to situations where the President acts under express or implied Congressional authority, leading to concurrent authority.

What is the significance of the term 'conclusive and preclusive powers' in the context of presidential immunity?

It indicates that the President is absolutely immune from criminal prosecution for conduct within his exclusive sphere of constitutional authority.

What did Justice Marshall emphasize about constitutional rights during times of urgency?

He warned that grave threats to liberty often arise during urgent times when constitutional rights seem too extravagant.

What is the relationship between the President's actions and Congressional authority?

Not all presidential actions fall within exclusive authority; some may involve concurrent authority with Congress.

What did the Korematsu case highlight about civil liberties during wartime?

It served as a reminder of the dangers of sacrificing fundamental freedoms in the name of national security.

What did the federal court do in 1983 regarding Korematsu's conviction?

The federal court vacated Korematsu's conviction.

What was the outcome of President Ford's actions in 1976 regarding Executive Order 9066?

President Ford officially repealed Executive Order 9066.

What did the Civil Liberties Act of 1988 entail?

It issued a formal apology and provided reparations to Japanese-American citizens interned during WWII.

What is the purpose of immunity from civil penalties for the President?

To avoid diversion of the President's attention during decision-making due to worries about potential damages from official decisions.

What type of immunity does the President have in relation to subpoenas?

Absolute immunity.