Judicial Powers
What is the main judicial power discussed in the case of Marbury v. Madison?
Judicial Review
Can a U.S. citizen be given a military tribunal when civilian courts are still operable?
NO, if Civilian courts are still operable then they will be held in civilian courts rather than a tribunal. ( Ex PArte Milligan)
Holding of Coyle v. Oklahoma?
Picking a state capital is an exclusive right of the states.
Modern Rule of Commerce
- Channels of Commerce
- Substantial effect on Commerce
- Economic or Non-Economic
What Case stated you could be taxed for not having healthcare?
NFIB v. Selibus
What is the Holding in Dickerson v. US?
Congress is held to SCOTUS interpretation of the Constitution and cannot pass laws that contradict that interpretation.
Holding Rasul v. Bush?
Habeus corpus is only granted to places where the U.S. has jurisdiction rather than sovereignty.
What is an example of activities unique to the states are immune from federal intervention?
- Runing Statehouse
- Income from Property Tax
- Local Law enforcment
Holding in Morrison v. US?
Congress can not regulate gender-based crimes using the commerce clause because it is a non-economic activity.
What's my Favorite Animal?
Polar Bear
Standing Requirments?
- Injury in Fact
- Causation
- Redressability
Factors that Determine Jurisdiction of the Suspension Clause?
Citizenship and due process rights
Location of detention
Practical obstacles
What case overturned NLC v. Usery?
Garcia v. San Antonio MTA
What case gave us the Stream of Commerce Test?
Swift Co. V. US
Can Congress tax people for not having healthcare?
Yerp but not punitive
What case gave the Supreme Court the power to review appeals from state criminal prosecutions that involve federal law?
Cohens v. Virgina
Distinction between Ex parte Mulligan and Ex parte Quirin?
In Ex parte Mulligan, he was granted a civilian trial because he wasn't actively committing war crimes (court says belligerent) while in Ex parte Quirin they were.
Can Congress compel state law enforcement to execute federal law?
No (Printz v. US)
Which was the Judge that restricted the commerce clause the most?
William Rehnquist
WHat are the Four limits to Congres's Conditional Spending?
Must pursue “general welfare” as determined by Congress
Must present a genuine choice by States
Must relate to federal interest in particular national project or programs
NO Independent constitutional bar
What was the Holding in McCulloch v. Maryland in regards to Congress creating a National Bank?
The COurt held that congress had enumerated powers that are not directly stated in the constitution. The main argument for the bank being made is the necessary and proper clause.
A non-citizen, not accused of war crimes, detained in Niagra Falls, and labeled as an enemy combatant, deserves what kind of trial to rebut their enemy combatant status?
Could Congress prohibit Ohio from passing a law lowering the drinking age from 21 to 18?
No, because congress can not prohibit states from passing laws within states, they could incentivize but not prohibit. (Murphy v. NCAA, and South Dakota v. Dole)
Holding in NIFB v. Selibus Part 1?
Commerce clause regulates pre-existing activity, they cannot compel people to act in a certain way
What article and section give Congress the Power to Tax?
Article 1, Section 8