POlS 341 - Jeopardy set

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29 Terms

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McCulloch v. Maryland

This case affirmed the federal government's power to create the national bank under the necessary and proper clause.

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US v. Pink and Belmont

The Supreme Court ruled that state policies were preempted by an executive agreement.

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Rucho v. Common Cause

This case held that partisan gerrymandering is a nonjusticiable political question.

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Marbury v. Madison

This case established judicial review in the United States.

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Schechter Poultry Corp v US

This case upheld commerce power to regulate interstate commerce but invalidated the delegation of rulemaking to private parties.

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Luther v. Borden

The court dismissed this case based on the Article 4 republican form of government clause.

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Mootness

An exception to this citing is 'capable of repetition, yet evading review.'

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Political questions

This doctrine arises when an issue is constitutionally committed to another branch.

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Walter Nixon v. U.S.

In this case, the court dismissed a challenge to Senate impeachment procedure as a political question.

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Lujan v Defenders of Wildlife

The court found a lack of standing and dismissed this case involving wildlife preservation overseas.

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Youngstown Sheet

In this case, the court invalidated an executive order seizing mills during wartime.

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What is the (non) delegation doctrine?

This doctrine evaluates whether Congress has provided sufficient guidance to federal agencies in delegating authority.

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Checks and balances

Executive—veto power; Legislative—approve treaties; Courts—declare laws unconstitutional.

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Reynolds v. Sims

The 'one person one vote' principle was established in this case involving legislative apportionment.

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What is the political question doctrine?

This doctrine prevents courts from addressing cases without judicially manageable standards.

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Ripeness

This doctrine allows the Supreme Court to dismiss undeveloped cases.

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Intelligible principles test

This test determines whether the congressional delegation of power to agencies meets constitutional requirements.

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Missouri v Holland

This case upheld the federal government's treaty power even when it conflicted with state sovereignty.

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Federalist #51

This paper justified the need for checks and balances to control government power.

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Federalist #78

This paper describes the judiciary as the least dangerous branch.

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Compact theory

The Virginia resolution invokes this theory arguing that states may resist unconstitutional laws.

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Faction

In Federalist 10, Madison used this term for a group initiated by a passion or interest adverse to others' rights.

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Extending the sphere

Madison used this phrase to explain that a larger republic would better control factions.

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U.S. v. Curtis Wright

This case upheld the president's authority as the 'sole organ' of foreign affairs.

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NYC v. Clinton

In this case, the court struck down an over delegation of power to the president.

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What is Zivotofsky v. Kerry?

This case upheld the president's sole power to recognize foreign governments.

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US v Nixon

This case rejected executive privileges as a defense against a subpoena during a criminal investigation.

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Clinton v Jones

This case addressed whether the president has immunity for actions taken before assuming office.

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Strict Scrutiny (U.S. v. Carolene Products)

In this case, the court wrote that there may be a narrower scope and provided this doctrine.