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Constitutional Law
Important Cases for Constitutional Law
Question | Answer |
---|---|
United States Term Limits v. Thornton, 1995 | States may not add to the Qualifications Clause of the Constitution. |
Hamdi v. Rumsfeld, 2004 | The Executive may detain citizens it considers enemy combatants, and these combatants may challenge their detention. |
Myers v. United States, 1926 | The President may remove those individuals whom he has appointed with advise and consent of the Senate. |
Hamdan v. Rumsfeld, 2006 | A military commission may not be used to try those being held in Guantanamo Bay. |
Clinton v. City of New York, 1998 | Declared the Line Item Veto unconstitutional. |
The Prize Cases, 1863 | The President may order a blockade of a port which has bee seized by armed insurrectionists, even without Congressional approval. These conditions qualify as a de facto state of war. |
Powell v. McCormack, 1969 | Congress may not exclude a member who meets all of the qualifications for membership as explicitly stated in the Constitution. |
In Re Neagle, 1890 | The President may appoint a martial to protect a federal judge. |
Humphrey's Executor v. United States, 1935 | The President may not unilaterally remove members of an independent regulatory agency. |
Ex Parte McCardle, 1869 | Congress removed part of the Supreme Court's jurisdiction after it had already been applied, which it is entitled to do. |
South Carolina v. Katzenbach, 1966 | Congress may use any legitimate means necessary to prohibit voter discrimination. |
McCulloch v. Maryland, 1819 | Congress has the power to charter a national bank, and this national bank may not be taxed by the states. |
Luther v. Borden, 1849 | The Court refused to define "republican form of government" as it considered this to be a political question. |
Flast v. Cohen, 1968 | The Court ruled that citizens concerned only with the government following the rules do not have standing. |
Boswher v. Synar, 1986 | The Comptroller General is an officer of the Legislature, and may not be given authority which would normally be given to the Executive (in this case, the ability to carry out spending cuts) |
Immigration and Naturalization Services v. Chadha, 1983 | The legislative veto is unconstitutional, because it violates bicameralism and presentment. |
Ex Parte Quirin, 1942 | The President may appoint military tribunals to try those accused of espionage, sabotage, or other warlike acts. |
Rumsfeld v. Padilla, 2004 | No jurisdiction is present because individual was transferred, habeas is filed under the wrong jurisdiction. |
Martin v. Hunter's Lessee, 1816 | Applied the judicial review statute to state laws, not just federal ones. |
DeFunis v. Odegaard, 1974 | Case was ruled moot due to the fact that DeFunis had been accepted into law school by the time the case challenging the university's admissions policy was heard. |
Marbury v. Madison, 1803 | Established the principle of judicial review |
Korematsu v. United States, 1944 | Court upheld the constitutionality of the internment of Japanese-Americans during World War Two. |
Barenblatt v. United States, 1959 | House Un-American Activities Committee can now compel testimony because its powers are more specifically defined. Resisting Communism is mre important than First Amendment protections. |
Dames and Moore v. Regan, 1981 | The President may make an executive agreement nullifying all lawsuits against Iran as part of a negotiation of the Iranian Hostage Crisis. |
Cooper v. Aaron, 1958 | Reaffirmed the decision in Martin: judicial review also applies to state statutes. |
Employment Division v. Smith, 1990 | Court held that laws which restrict religious practice are permissible so long as they do not target any general religion and is "generally applicable" |
Cohens v. Virgina, 1821 | Ruled that the decision in Martin also applied to criminal cases. |
Ex Parte Milligan, 1866 | President may suspend habeas corpus during wartime. Civilians must be tried in civilian court when these courts are open. |
Youngstown Sheet and Tube v. Sawyer, 1952 | When Congress has specified other actions, the President may not take over an industry to prevent its workers from striking during wartime. |
Sherbert v. Verner, 1963 | Laws burdening practice of religion must survive strict scrutiny. |
United Public Workers v. Mitchell , 1947 | The Court ruled that this case was not ripe because the workers challenging the Hatch Act had not yet been injured by it. |
Boumediene v. Bush, 2008 | Congress may only suspend habeas corpus in times of invasion/rebellion. |
McGrain v. Daugherty, 1927 | Congress may compel citizens to testify in an investigation. |
Gravel v. United States, 1972 | The Speech and Debate Clause also extends to congressional aides. |
Morrison v. Olson, 1988 | The special prosecutor in question is an inferior officer and may be appointed by a three-judge panel |
United States v. Curtiss-Wright Export Corporation, 1936 | Congress may pass resolutions relating to foreign affairs/delegate powers relating to foreign affairs to the President. |
Muskrat v. United States, 1911 | The Court ruled the case was collusive and a mere test of the law. |
Rasul v. Bush, 2004 | Federal courts may hear habeas petitions from detainees at Guantanamo Bay. |