Executive
Bush v. Gore was decided under this constitutional doctrine
What is the equal protection clause of the Fourteenth Amendment?
President Truman used this to authorize the seizure of the steel mills.
What is an executive order?
What is federal preemption?
Constitutional doctrine both Chadha and Clinton violate
What is "separation of powers"?
Who are the "people" or "individuals" of the United States?
Congressional law that provides rules for when electoral college and Congress meet, including the safe harbor provision that was an important issue in Bush v. Gore
What is the Electoral Count Act of 1887?
This provision was violated by the Line Item Veto Act in Clinton v. City of New York (1998)
What is the Presentment Clause of Article I, sec. 7?
Modern era of federalism is defined as this type
What is cooperative federalism?
Approach of Justice White's dissent in Chadha stating that a legislative veto is constitutional, because Congress holds the legislative power and must give broad delegations of authority to the executive branch in a modern world
What is "functionalist"?
Constitutional doctrine that supports executive privilege as not absolute and unqualified
What is the "separation of powers"?
The Court in the case In re Neagle (1890) had this view of executive power.
What is a general grant of power?
Approach that the Court in INS v. Chadha (1983) took when declaring the legislative veto unconstitutional
What is "formalistic"?
In Arizona v. United States (2012), this doctrine made most of S.B. 1070 unconstitutional, because Congress had enacted a comprehensive regulatory framework for immigration.
What is implied "field" preemption?
In times of emergencies such as the Korean War, President Truman does not have an inherent power of necessity, but must look to this body for extraordinary authority
What is Congress?
This aspect of Justice Jackson's tripartite test of constitutional interbranch relations rests on the president having concurrent authority with Congress and is determined by practical considerations
What is the "zone of twilight"?
Presidential power regarding a foreign sovereign that the Court in Zivotofsky said is exclusive
What is the power of recognition?
In Jackson's tripartite test, the president acts at his maximum when Congress authorizes power under this doctrine.
What is "delegation"?
In Printz v. United States (1997), the Court held that under this constitutional doctrine, Congress may not require states to address particular problems, nor direct states' officers to administer or enforce a federal regulatory program.
What is the "anti-commandeering" doctrine?
Under the principle of federalism, these two provisions of the Constitution are in tension with each other
What are the Supremacy Clause and the Tenth Amendment?
In Printz v. United States (1997), the Court looked to the structure of the Constitution, which established this principle of federalism
What is dual sovereignty?
Court in United States v. Nixon (1974) stated these three exceptions for which executive privilege applies
What are military, diplomatic, or national security?
This element of Justice Jackson's tripartite test for constitutionality determined the decision in Youngstown Sheet and Tube Co. v. Sawyer (1952)
What is presidential power at its "lowest ebb"?
What are enumerated and delegated powers?
This element of Justice Jackson's tripartite test for constitutionality determined the decision in Zivotofsky v. Kerry (2015)
What is the president's power at its "lowest ebb"?
This principle outweighed executive privilege in United States v. Nixon (1974), because it was a criminal prosecution.
What is the "rule of law" or "fair administration of justice"?