Final Flashcards
(30 cards)
1st 3 articles of Constitution
1- Legislative
2- Executive
3- Judicial
what two men popularized separation of powers
Montesquieu and Madison
what was the purpose of Separation of powers
to avoid the accumulation of power
what allows the sharing of power between the branches while also restraining it
checks and balances
1st approach to separation of powers
the constitution shouldn’t be read literally, the branches are fluid
2nd approach to separation of powers
the constitution commands the branches be completely separate, exceptions are only in the constitution
4th branch of government
administrative agencies
4 theories of presidential power
1- Constitutional theory
2- Stewardship Theory
3- Unitary Executive theory
4- Prerogative theory
Constitutional theory
Pres. Taft says that Art. II contains an enumeration of executive powers, and the president must be able to justify his actions on the basis of enumerated or implied powers
Stewardship Theory
Teddy Roosevelt says the president is a “steward of the people” basically they can do anything unless it is prohibited by the constitution
Unitary Executive theory
the president has control over anyone in the executive branch and is only restrained by the constitution
Prerogative theory
FDR says the president has the power to act according to what he believes is for the common good
U.S. v. Curtiss-wright export group
The president has inherent powers in foreign affairs
Youngstown Sheet & Tube co. v. Sawyer
the president does not have inherent powers in domestic affairs even in wartime (steel seizure)
Executive order
a legally binding directive issued by the president to persons or entities in or subject to the administration
In what case was executive privilege acknowledged
U.S. v. Nixon
Two types of Presidential Immunity
Absolute and Qualified
Absolute Immunity
(shared by federal judges and prosecutors) from private lawsuit that extends to all acts within the outer perimeter of his official duties
Qualified Immunity
shields from damaging suits as long as their conduct does not violate clearly established constitutional or statutory rights of which a reasonable person would have known
4 things the legislature can do concerning the military
i. Decare war
ii. Raise armies
iii. Provide a navy
iv. Make rules for the government and regulation of the armed forces
3 things the president can do concerning the military
i. Designated commander in chief of the armed forces
ii. May issue regulations
iii. Take charge of military operations in times of war and peace
Rucho v. Common Cause (2019)
- 5-4 decision
- Chief Roberts for the majority
- “partisan gerrymandering claims present political questions beyond the reach of the federal courts”
- there is “a lack of judicially discoverable and manageable standards for resolving” claims of excessive partisanship
- adjudicating these claims would be “an unprecedented expansion of judicial power”
14th amendment
equal protection
15th amendment
right to vote not denied on the basis of race
