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Poli Midterm 2
Terms in this set (26)
Can Congress refuse to seat an elected mc?
Powell Case- Congress tried to expel an mc without seating him
Can Congress subpoena (on what basis can a witness refuse to testify)?
They can subpoena- Congressional committees have a lot of power
Can refuse based on:
-1st amendment- can't be required to give membership list, membership list is protected under free speech and assembly--McCarthy era problem
-5th amendment- Miranda rights, only applicable as the suspect in an investigation
-Can claim executive privilege--White House communications are privileged
Can be held in contempt of court
Can Congress investigate... almost anything?
Yes, anything may be Congressional
Can Congress expel a representative?
Yes, with 2/3 vote
In the constitution
Can Congress otherwise discipline a representative?
Yes, censure is the most common
Whole list of possible disciplines
Can Congress establish a National Bank?
Yes, it has in the past
Article I section 8-taxation and coining money
Necessary and Proper Clause
In a close election in Congress can they decide who gets seated?
Yes, power granted in Constitution
Can state legislatures conduct foreign policy?
Cannot establish boycott
Power is mainly reserved for President
Congress has some limited power
Can state legislatures tax a National Bank?
Can state legislatures establish term limits?
Not on a member of the US Congres
-Qualification Clause and list of qualifications in the Constitution for members of Congress is exhaustive
-States can not add to or alter it
Can state legislatures implicitly refuse to enforce a federal law?
States do not have to aid the federal government-implicitly
Can state legislatures add requirements to thwart federal law?
Can state legislatures establish a complementary but independent system to enforce immigration laws?
Arizona immigration case
Can state legislatures prohibit civil suits against state correctional officers (if there is a Congressional law that says no)?
Can state legislatures regulate waterways or require pilots for ships entering local ports?
Cannot contradict written laws
Can require local pilots for ships entering port- Police Powers
Can a Grand Jury subpoena an aide to testify about info entered into Congressional record?
Protected under Speech and Debate
If it was not entered into Congressional record, it is not covered
Can a Grand Jury investigate a violation (by an MC) of federal law?
Ruled that African Americans could not be citizens
Contrary to states' rights- states normally have control over citizenship
14th Amendment overrides this case- Citizenship Clause
1866 Civil Rights Act also overrides this case
Distinction between rights of individuals in states versus territories
Congress has more power over territories because territorial government is controlled by federal government
Upheld the monopoly
Contrary to Lochner
Narrow reading of the 14th amendment
Lochner (and criticisms)
Overturned state law
-Judicial activisms--overriding a state legislative decision, overrode police powers
- 2 dissenters--Holmes (no econmic libery) and Harlan (there is economic liberty and but it is about police powers)
Fields' dissent from slaughterhouse
-Substantive due process
Dormant Commerce Clause
Even when Congress doesn't have a law, states cannot regulate commerce
Gibbons- court case Congress is already regulating that area
Comes down to assertment of police powers
Already regulating waterways
States allowed to require local pilot for port
Founders' view of commerce
Commerce was meant to be interpreted narrowly, opposite of today
McCulloch v. Maryland
States cannot tax National Bank
Congress can create a National Bank
Power of Executive branch to withhold information
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