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ChampagneConLawExam1

CasePrecedent
Marbury v. Madison Judicial Review can declare laws unconstitutional
Stuart v. Laird Notably did not use Judicial Review for political reasons
Eakin v. Raub Advocates Legislative review, saying Judicial review upsets the balanced powers
Cooper v. Aaron States must follow the rulings of the supreme court
Ex Parte McCardle Congress can change the Supreme Court's jurisdiction over things not expressly granted in the Constitution
Lujan v. Defenders of Wildlife Plaintiffs must have standing (in this case, real and legitimate harm). Threshold considerations
Luther v. Borden Court does not decide political questions
Baker v. Carr Justiciable Questions
Nixon v. US Coordinate Branch's powers may not be reviewed
DeShaney v. Winnebago County Dept. of Social Services Constitution is a Negative document
McCulloch v. Maryland Congress has implied powers, Supremacy clause
Powell v. McCormack Congress must swear in all elected officials
US Term Limits, Inc. v. Thorton States cannot impose stricter qualification on federal office than the constitution
McGrain v. Dougherty Congress has the implied power to bring forth witnesses
Watkins v. US Congress's power to call witnesses is not unlimited, and cannot be used for public shaming.
Schecter Poultry v. US The federal gov't does not have the power to regulate intra-state commerce
Immigration and Naturalization Services v. Chadha One-house legislative veto is unconstitutional: violates bicameralism and the presentment clause
Clinton v. City of New York Line-Item veto is unconstitutional.
Myers v. US President can remove executive appointees without the advice and consent of the Senate. Take Care clause.
Morrison v. Olson Presidents can appoint independent counsel. Take Care clause
US v. Nixon Executive privilege does not apply to a president's crimes
Clinton v. Jones Presidents have no immunity from civil suit for matters outside the presidency
In re Negle Executive can appoint US Marshalls to protect gov't officials. Take Care clause
Youngstown Sheet and Tube v. Sawyer President cannot seize domestic enterprise for use in foreign wars
The Prize Cases President can seize domestic property in times of understood domestic war
The War Powers Resolution President has 60+30 days of engagement w/o Congressional consent, w/ a 48 hour informant period
US v. Curtiss-Wright Export Corp Executive branch has the primary power over foreign affairs
Ex Parte Milligan Open Courts rule. US Citizens must be tried for civil crimes in civil courts if those courts are open and functioning
Korematsu v. US National security comes before personal liberty
Ex Parte Quirin Foreign enemies can be tried in military tribunal: have no right to a trial by jury in civil court
Created by: Curtlyn