Select a Chapter to start the court case quiz.
Court case: Korematsu v. United States
Murphy, in dissent, thinks there is nothing racist about the policy here.
Court case: Mistretta v. United States
Breyer argues that the Safe Harbor issue is not mandated by law.
Court case: Bowsher v. Synar
The key to this case is who can remove the comptroller general.
Court case: Hamdi v. Rumsfeld
The Court cites Quirin to argue that citizens who are enemy combatants cannot be detained.
Court case: The Prize Cases
Neutral parties may challenge if a blockade existed.
The comptroller general may not have executive powers.
Court case: Youngstown Sheet & Tube Co. v. Sawyer
The president’s power here must derive from
an act of the Congress.
the Constitution itself.
either an act of Congress or the Constitution itself.
neither an act of Congress or the Constitution itself.
Court case: Ex parte Milligan
During a time of war,
constitutional safeguards may be disturbed.
habeas corpus may be suspended.
military courts may have jurisdiction even if civilian courts are open.
none of these
Nelson argues that no civil war existed when the blockade was instituted.
Court case: Zivotofsky v. Kerry, Secretary of State
Breyer concurs in the judgement but believes the case presents a political question.
Court case: Dames & Moore v. Regan
Here, the Congress paced the sole power to freeze assets with
the Congress.
the president.
the states
What makes this delegation constitutional?
There are three goals.
There are four purposes.
There are 11 specific categories of offenses.
all of these
The military tribunal does not have authority because
the Congress did not grant it authority.
the president did not grant it authority.
the circuit court was open and conducting business.
the states did not grant it authority.
The Court argues that Milligan was guaranteed a trial by jury.
The ______ alone makes the decision as to what foreign power the U.S. recognizes as legitimate.
the president
the Congress
The president and the Congress together
Even though there is discretion, the Congress was simply not specific enough in giving powers to the commission.
The president can institute a blockade because
he is the supreme ruler of the U.S.
the president declares war.
the Congress gave the president the power to call out the militia in a state of resurrection.
During times of crisis,
commitment to due process is most severely tested.
the nation must preserve its commitment to due process.
citizens must have a fair chance to rebut claims against them.
Laws that restrict civil liberties of a particular group are subject to rational basis test.
For the dissenters, the Congress can organize military commissions during times of crisis.
The Court argues that presidential power comes only from the Congress.
Vison believes the actions of the president fall under the take care clause.
For the Court, the Congress has the power to obtain assistance from other branches.
The power here does derive from the president’s power as commander and chief.
The Court admits this is a hardship for Japanese Americans but defers because it is a time of war.
The U.S. government may
detain its citizens indefinitely.
detain enemy combatants for the duration of hostilities.
never detain enemy combatants.
not detain enemy combatants based on World War II precedent.
Court case: Immigration and Naturalization Service v. Chadha
The efficiency of the legislative veto justifies its use constitutionally.
Appropriate checks on the legislative process include
the Presentment Clause.
the bicameral requirement.
the Presentment Clause and the bicameral requirement.
neither the Presentment Clause nor the bicameral requirement.
Rehnquist is willing to defer to ______ based on his views of the 10th Amendment.
the state supreme court
the state legislature
the governor
For the Court, Milligan does not apply in this case.
Who has the power to invoke a blockade?
The Congress
The president
The Supreme Court
The states
The Court argues that this case falls into Jackson’s third category in Youngstown.
For Jackson, the classes of presidential power are
when the president works pursuant to congressional authorization.
when the president acts in the absence of congressional authorization.
when the president acts contrary to the Congress.
The power used here from the president’s inherent powers.
For the Court, once a delegation has been made
the Congress can usurp it whenever it believes.
the Congress must specifically revoke it.
one of the houses can revoke it.
White believes the legislative veto does not lead to legislative tyranny over the Executive.
The Court does not believe Curtiss-Wright is applicable in this case.
Thomas dissents because he argues that the executive has exclusive power in this area.
The veto is a key protection from improvident laws.
Failure of the Congress to delegate authority does not mean it disapproved of presidential action.
The Court agrees with the Congress that the comptroller general simply performs ministerial functions.
Citizens are subject to the jurisdiction of the military court.
How should the Court decide on who has exclusive power here?
It examines the text and structure of the Constitution.
It examines precedent and history.
It examines the text and structure of the Constitution and precedent and history.
It doesn’t examine the text and structure of the Constitution and precedent and history.
For the Court, this is a political decision but the Court may weigh in on the decisions.
The Congress has consistently viewed the comptroller general as
a part of the legislative branch.
a part of executive branch.
a part of the judicial branch.
