Separation of Powers Flashcards
(39 cards)
The framers intent
cannot trust anyone with too much power
what is the greatest tool we have to check power?
impeachment!
United States v. Nixon (1974)
Facts- U.S. district court subpoenaed Nixon for some tapes relating to specific meetings in which Nixon was a participant. Nixon filed a claim or privileges and did not want to turn the tapes over.
U.S. v. Nixon- Rule
A presidential claim of privilege asserting only a generalized interest in confidentiality is not sufficient to overcome the judicial interest in producing all relevant evidence in a criminal case.
we need official acts, this was not an official act, this was him trying to hide his dirty laundry.
U.S. v, Nixon rational
the justices are supposed to enforce justice in criminal prosecutions and an impediment of an absolute, unqualified privilege would get in way of this duty.
think about what the courts today can say this- we reverse and remand for some clarity before we bring it back to SCOTUS. the justices want to be careful with precedent, this means not turning their backs to this important rationale.
Clinton v. Jones
Presidential immunity in the civil context
facts: when Clinton was governor, he sexually harassed someone and she came forward while he was president, he claimed privilege from the civil suit and the court was like hell nah
Clinton v. Jones- rule
The Constitution does not grant the president immunity from civil cases involving conduct committed before entering office.
WHO WAS ON BOARD FOR CLINTON V. JONES???
THOMAS!!!
Fitzgerald-
like Clinton v jones but asks what happens when the civil liability happened while the president was in office.
- PRESIDENTS CANT BE CIVIL LIABLE FOR THEIR ACTIONS AS PRESIDENT.
- TRUMPS LAWYERS RIGHT NOW ARE TRYING TO MILK THIS.
SOP and the Commerce Clause
this is all about what happens when congress tries to pass commerce acts but it starts getting in the way an they overstep from their branch.
What are the presidents powers when it comes to deportation- and how does this get into the chadha case
The governing ale of the land is that congress gets to pass immigration laws, but it is up to the president to have that final say with whether they get deported.
Chadha
Here, congress used a legislative veto to allow congress to overrule an agency action with a single vote. Am immigration judge had ordered that Chadha not be deported and congress was like nope and exercised the veto on him and got him deported.
Chadha- rule
we need things to go to more than one house!!!
This legislative veto is unconstitutional because it only went through a committee in the house and was not bicameral,
chadha- term: bicameralism
the framers required bicameralism in the enactment of any law (we need majority support from two branches)
Chadha- term: presentment clause
this requires all legislation to be presented to the president for approval before it becomes the law.
White’s dissent in Chadha (hot baseball player)
Why have bicameralism when we can be more functional?
BIG IDEA WITH CHADHA
CONGRESS CANNOT GIVE ITSELF UNCONSTITUTIONAL POWER, THIS IS A VIOLATION OF THE SOP
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Rex Lee’s comment in the Chadha oral argument about bicameralism and sop
it is the power of congress to make laws, not execute them. executing them is the. job of the president. everyone had a job to do and we need rot stick to that- Rex Lee counselor in Chadha oral argument
Appointments-
this is a big part of SOP since we need to make sure that people are being appointed appropriately and in accordance with the Constitution.
Morrison v. Olson
An officer was hired by the judiciary to conduct some investigations. the question here was whether that officer was inferior or superior, because the president is only allowed to appoint inferior officers.
Morrison- rule
A law vesting the judiciary with the power to appoint an inferior officer (an independent counsel) and prohibiting the
factors of an inferior officer
- Limited jurisdiction
- Limited Tenure
- Limited duties (not exec duties)
- SUBJECT TO REMOVAL.
Morrison- iconic dissent by Scalia
A wolf comes as a wolf- the court isn’t even trying to hide what they are doing here.
NLRB v. Canning
Obama made 3 recess appointments within a 3 day senate break. these appts were challenged