Pg 21 Flashcards
What is the full faith and credit clause?
Full faith and credit must be given to public acts, records, and judicial proceedings of another state
What is the rationale behind the full faith and credit clause?
To preserve the rights that are required or confirmed by judicial proceedings in other states by requiring their validity absent a showing of fraud or due process issue
What is an exception to the full faith and credit clause?
Sometimes local concerns do not require extraterritorial effect. Ie: For things such as drivers licenses
What is executive privilege?
The right of the executive branch to refuse to disclose confidential information if necessary for the effective discharge of its official duties. This is applied to communications between the president and his advisers in the decision making process
What is the rationale behind executive privilege?
The president needs the candid advice of his aids and must be able to discuss issues with them without worrying about what is said
Does the president have a privilege to withhold information from a judicial forum?
No, if it doesn’t involve military, diplomatic or sensitive security measures, then privilege must yield to the specific need for evidence in a criminal trial. Presidential privilege is strong but it is not unqualified or absolute
US V Nixon: the president asserted privilege and refused to turn over evidence that was needed for a criminal case.
Who is the final arbiter of the executive privilege?
The judiciary. They weigh the importance of the confidentiality of the presidential communication in the performance of the president’s responsibilities against its effect on the fair administration of criminal justice
What is the congressional privilege from arrest?
This says that senators and representatives have a privilege from arrest for civil issue (but not criminal ones) during their attendance at house sessions and in going to and from those places.
Exceptions: treason, felony, breach of the peace
What are the two different types of executive immunity?
– presidential immunity
– congressional immunity
What is presidential immunity?
The president has absolute immunity from damages liability for acts within the outer perimeter of his official responsibilities while in office. This doesn’t count for private civil litigation coming from acts that are unconnected with his official duties.
Ie: Nixon case where the defendant brought suit against the president for firing him in retaliation for his testimony, and the court said the president had immunity and the dismissal was totally within his official responsibility.
How do you ensure that a president isn’t above the law because of presidential immunity?
By checks such as impeachment, press and congressional scrutiny, presidential concerns about keeping influence and reelection
Who gets absolute immunity?
Judges and prosecutors
Who gets qualified immunity?
White house aides and the attorney general
Under presidential immunity, you can’t sue the president for what?
Damages, but you can try to get an injunction or declaratory relief
What does the second amendment say?
This gives individuals the right to keep and bear arms, unconnected with service in a militia, and to use those arms for traditionally lawful purposes like self-defence within the home.
This is an INDIVIDUAL RIGHT that guarantees that people can own firearms subject to some regulations, and guarantees that the state can have a militia, and protects the right of people to own guns
