THE CONSTITUTION AND THE SUPREME COURT (JUDICIAL REVIEW)
In this case, the issue was whether the Supreme Court has the power to check if laws and actions by lawmakers follow the Constitution. The Court established the rule of judicial review, stating it is "emphatically the province and duty of the judicial department to say what the law is," though it can only review legal rights, not political acts.
What is Marbury v. Madison (1803)
The issue was whether the President has the constitutional authority to seize domestic steel mills to prevent a labor strike without Congressional approval. The rule is that the President cannot make laws, only execute them; presidential power is evaluated on a tripartite framework and is at its "lowest ebb" when acting against the express or implied will of Congress.
What is Youngstown Sheet & Tube Co. v. Sawyer (1952)?
Can the Supreme Court check if laws and actions by lawmakers follow the Constitution? (Alternatively: Is the denial to Marbury of his commission by the Secretary of State's refusal to deliver it a violation of his legal rights under Article III?)
The Supreme Court has the power of judicial review to declare acts of Congress or the Executive unconstitutional, provided they involve violations of legal rights, not political acts
Does the President have the exclusive power to recognize foreign nations, rendering a contrary congressional statute unconstitutional?
Article II grants the President the exclusive and preclusive power to officially recognize foreign sovereigns (inferred from the Reception Clause), and Congress cannot overrule it
Can Congress regulate local, personal wheat production under the Commerce Clause?
Congress may regulate completely local economic activities if the aggregate impact of all similarly situated activities has a substantial economic effect on interstate commerce
The issue here was whether the U.S. Supreme Court has the power to review decisions made by state courts. The rule established is that under Article III, the U.S. Supreme Court has appellate jurisdiction to review state court decisions regarding federal law to ensure national uniformity.
What is Martin v. Hunter’s Lessee (1816)?
The issue was whether Congress could constitutionally delegate broad lawmaking power to the President to ban arms sales to warring nations. The rule established the "Sole Organ Doctrine," stating the President is the sole organ of the federal government in international relations and requires a degree of discretion and freedom from statutory restriction not permissible in domestic affairs.
What is United States v. Curtiss-Wright Export Corp. (1936)?
Does the U.S. Supreme Court have the power to review state court decisions?
Under Article III, the U.S. Supreme Court has appellate jurisdiction to review decisions made by state courts regarding federal law to ensure national uniformity
Can the President use a generalized claim of absolute privilege to withhold evidence subpoenaed for a pending criminal trial?
Executive privilege is not absolute; it must yield to a demonstrated, specific need for evidence in a pending criminal trial to protect the Sixth Amendment guarantee of due process.
Can Congress regulate local, non-economic criminal behavior (like gun possession near schools) under the Commerce Clause?
Congress cannot use the substantial effects test to regulate local, non-economic criminal behavior that does not substantially affect interstate commerce
The issue was whether Congress can take away the Supreme Court's power to hear a specific type of case after jurisdiction was already granted. The rule states that the Supreme Court's appellate jurisdiction is granted by the Constitution, but Congress has the power to make exceptions and regulations to it under the Exceptions Clause.
What is Ex Parte McCardle (1869)?
The issue was whether the President can use an executive agreement to suspend and settle legal claims against a foreign government in U.S. courts. The rule states the President can settle foreign claims without Senate ratification if it is necessary to resolve a major foreign policy dispute and there is a history of implied Congressional acquiescence.
What is Dames & Moore v. Regan (1981)?
Is a challenge to the unfair division of state legislatures under the Equal Protection Clause a political question that cannot be decided by the courts?
A challenge to malapportionment is justiciable and not a political question if none of the 6 factors are present. The 6 factors are: 1) constitutional commitment to another branch, 2) lack of judicial standards, 3) need for initial policy determination, 4) lack of respect for another branch, 5) need to adhere to prior political decision, and 6) potential for embarrassment from multiple pronouncements
Is a statutory provision allowing a "one-house legislative veto" of an executive branch decision constitutional?
Any action that alters legal rights is "legislative in purpose and effect" and must satisfy the Article I formal requirements of bicameralism (passage by both houses) and presentment (submission to the President)
Can a state ban waste originating from other states from coming into its borders?
Under the Dormant Commerce Clause, a state cannot protect its own interests by treating out-of-state goods differently solely based on their origin, facing a "virtual per se rule of invalidity"
The issue was whether a challenge to the unfair division of state legislative districts was a non-justiciable political question. The rule is that a challenge to malapportionment under the Equal Protection Clause is justiciable; the Court outlined a 6-factor test, noting that if no textually demonstrable commitment to another branch or lack of judicial standards exists, the court can hear it.
What is Baker v. Carr (1962)?
The issue was whether the President could unilaterally convert a decision by the International Court of Justice into binding domestic law. The rule dictates that a "non-self-executing" treaty requires an Act of Congress to become enforceable domestic law, and the President lacks the unilateral power to execute it.
What is Medellin v. Texas (2008)?
Does the President have the constitutional authority to seize the steel mills to resolve a labor dispute?
The President cannot make laws; his power must stem from an act of Congress or the Constitution. Under the 3-tier framework, his power is at its 1) maximum when Congress approves, 2) in a "zone of twilight" when Congress is silent, and 3) at its "lowest ebb" when acting against the express/implied will of Congres
Does a legislative branch official performing executive functions while remaining subject to Congressional removal violate the separation of powers?
Congress cannot retain removal power over an officer charged with executing the laws, as the power to remove is the power to control, which impermissibly intrudes on executive functions
Is a state law that heavily burdens interstate commerce for a slight or illusory safety purpose allowed under the Dormant Commerce Clause?
Under the Pike balancing test, a neutral state law is invalid if the burden on interstate commerce is excessive in relation to the legitimate local safety benefits
The issue was whether the Equal Protection Clause requires uniform rules for a manual recount of ballots in a disputed presidential election. The rule dictates that when a state conducts a manual recount, it must have clear, uniform standards to ensure all votes are treated equally and voters' intentions are properly understood.
What is Bush v. Gore (2000)?
The issue was whether the President has the exclusive power to officially recognize a foreign country, and if Congress can overrule this power with a statute. The rule is that Article II grants the President the exclusive and preclusive power to recognize foreign sovereigns, which cannot be constrained by Congress.
What is Zivotofsky v. Kerry (2015)?
Can the President unilaterally convert a non-self-executing treaty or an International Court of Justice decision into binding domestic law
The President does not have the unilateral power to make a "non-self-executing" treaty binding in state courts without an Act of Congress; attempting to do so places his authority at its "lowest ebb"
Can the President be limited in his power to remove a principal officer, who is also limited in their power to remove a lower executive officer?
Double "for-cause" removal insulation for an executive officer performing executive functions is unconstitutional because it completely removes the President's ability to ensure laws are faithfully executed.
Is the Affordable Care Act's individual mandate a valid use of Congress's power to tax?
An exaction is a valid revenue-raising tax (not a penalty) if it raises revenue, is collected by the IRS, is not an exceedingly heavy burden, and has no scienter requirement.