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Am. Con. Law Part II (Ch. 2 The Judiciary and Ch. 3 The Legislature)

Across
In explaining its holding Katzenbach (1966), the Court stated that "the language and purpose of the 15th Amendment, the prior decisions construing its several provisions, and the general doctrines of constitutional interpretation, all point to one fundamental principle. As against the reserved powers of the States, Congress may use any ___ means to effectuate the constitutional prohibition of racial discrimination in voting.”
In Powell v. McCormack (1969) the Court held that the 90th Congress’s ___ of Powell from his seat in Congress was an unconstitutional addition or alteration of the Constitution’s qualifications for members of Congress. (Identifying one of the cases that involves Congress's authority (or limits thereto) over its own internal affairs and explaining the holding and reasoning/rationale in that case as well as its legal impact would be a good essay question.)
In South Carolina v. Katzenbach (1966) the Court held that Sections 4 and 5 of the ___ Rights Act of 1965, providing a “triggering” formula identifying states that will be subject to additional scrutiny, and requiring of them “preclearance” for any changes in ___ procedures, is a constitutional exercise of enforcement legislation pursuant to §2 of the Fifteenth Amendment.
The basis of criticism of judicial review from an ___ perspective is that if the framers intended for the Court to have this power, they stated it explicitly in the Constitution. The originalist argument for judicial review points to the fact that the concept of judicial review at the time of ratification was not new, over 50% of the delegates wanted it, and contemporary writings like Hamilton’s Fed #78 indicate that they did intend it. (Describing the various continuing debates by legal scholars over whether the courts should have the power of judicial review, from the perspectives of originalism, judicial self-restraint, democratic checks, judicial supremacy, public opinion, protection of minority rights, would be a good essay question.)
The Court's holding in Flast v. Cohen (1968) that a federal taxpayer has standing to challenge federal taxing and spending programs alleged to violate the First Amendment’s prohibition on the establishment of religion has been ___ very narrowly by subsequent courts.
In Article III, Sec. 1, the framers vested the judicial power in "one Supreme Court, and in such inferior Courts as the ___ may from time to time ordain and establish,” putting off decisions re: whether and how to structure lower federal courts to the future ___.
NECESSARY - Art. I Sec. 8, clause 18 states that Congress shall have Power "to make all Laws which shall be ___ and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the [U.S.], or in any Department or Officer thereof." (Describing the early and continuing debate (Federalist/Nationalist v. Jeffersonian/ states’ rights) over how this clause should be interpreted, including discussion of important caselaw on this issue, would be a good essay question.)
At the core of the constraint of justiciability is the doctrine that the federal courts’ judicial power is restricted to “cases” or “___” pursuant to Article III. Courts therefore avoid advisory opinions, collusive suits, moot cases, cases not yet ripe for decision, and political questions.
The monumental and lasting impact of Marbury v. Madison (1803) is that it established the judiciary's power of judicial ___, the power of the judicial branch to declare acts of the executive and legislative branches unconstitutional.
United States v. In Curtiss-Wright Export Corp. (1936) the Court held that Congress’s grant of authority to President Franklin D. Roosevelt to prohibit the sale of arms to warring countries was a constitutional exercise of ___ power. The Court noted that “the broad statement that the Federal government can exercise no powers except those specifically enumerated in the Constitution, and such implied powers as are necessary and proper to carry into effect the enumerated powers, is categorically true only in respect of our internal affairs. . . .” With regard to authority over foreign affairs, “the investment of the Federal government with the powers of external sovereignty did not depend upon the affirmative grants of the Constitution.”
Article III provides for the ___ of federal judges by stating they "shall hold their Offices during good Behaviour…”, in other words, life tenure unless they do something really wrong, and by prohibiting their compensation from being "diminished" while in office.
Government-induced suits are generally held to lack ___. These suits arise in 2 ways— 1) when legislators who voted against a law bring suit to challenge the law’s constitutionality, and 2) when the executive branch declines to defend a law because it believes the law is unconstitutional, and someone else tries to stand in to defend the law.
The three major ___ arising from Article III on the ability of federal courts to hear and decide cases are (1) jurisdiction, that the courts must have authority to hear a case (2) justiciability, that the case must be appropriate for judicial resolution, and (3) standing, that the appropriate party must bring the case. (Describing one of these ___ in detail, including the extent to which it is or is not flexible in application, and including describing in detail the facts, holding, reasoning, and impact of the case(s) we discussed fleshing out the contours of one of the ___, would be a good essay question.)
In ___ v. Zinke (2018) the Court held that Section 2(b) of the Gun Lake Act of 2014 removing federal jurisdiction for cases relating to the Bradley Property in Michigan does not violate Article III of the Constitution.
In Article III, Sec. 1, the framers vested the judicial power in "one ___ Court, and in such inferior Courts as the Congress may from time to time ordain and establish,” putting off decisions re: whether and how to structure lower federal courts to the future Congress.
Epstein, McGuire and Walker note that although the Court has declared itself the final say in questions of interpreting the Constitution, the fact that the Court does often ___ to the legislature’s interpretation indicates that the justices recognize that they "do not have a monopoly on constitutional interpretation."
In Baker v. Carr (1962) the Court held that the question of whether Tennessee’s failure to reapportion congressional districts from 1901-1950 violated the Fourteenth Amendment’s equal protection clause’s guarantee that no state shall “deny to any person within its jurisdiction the equal protection of the laws” was not a non-justiciable ___ question.
Down
Article II Section 2 provides for the selection of federal judges, stating that "The President …. shall ___, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court, and all other Officers of the United States,...."
In U.S. Term ___, Inc. v. Thornton (1995), the Court, relying on Powell (1969), held that the Constitution forbids the States from adding to or altering the qualifications for members of Congress, including a state's restriction of ballot access for candidates who exceed the state's imposed term ___. (Identifying one of the cases that involves Congress's authority (or limits thereto) over its own internal affairs and explaining the holding and reasoning/rationale in that case as well as its legal impact would be a good essay question.)
Article I, Section 8 lists in seventeen clauses the ___ or specific powers the delegates gave to Congress.
Constraints on judicial power come not only from the Court's own interpretations of Article III, but also from the executive and legislative branches, from the ___ and balances/separation of powers structure of the U.S. government. (Describing these ___would be a good essay question.)
Debate at the Constitutional Convention over whether in Congress the states should be represented equally (the preference of the small states), or according to population (the preference of the large states) was resolved with a compromise. The number of reps in the House is based on a state’s ___, and representation in the Senate is equal--two delegates from each state.
In Watkins v. United States (1957) the Court held that the House Un-American Activities Committee Rule XI investigation authorization did not give Watkins a fair opportunity to determine whether he was within his ___ when refusing to answer questions about people who had already “removed themselves from the Communist movement” as required by the Due Process Clause of the 5th Amendment. (Describing Congress's power to investigate, including discussion of important caselaw on this issue, would be a good essay question.)
The caselaw involving Article III's limits on the powers of the federal judiciary demonstrate that Article III's language allows for ___ in interpretation of these self-imposed constraints as they apply to issues of jurisdiction, justiciability, and standing.
Justice Louis D. Brandeis, in his famous concurrence in ___ v. Tennessee Valley Authority (1936), summarized the principles of judicial self-restraint that he contended the Court should follow to avoid unnecessarily reaching decisions on the constitutionality of laws.
One of the two traditional judicial views of the separation of powers system under our Constitution is “___”. The ___ view is that the Constitution gives clear boundaries between and among the branches of government and describes the primary powers of each. Federal judges should not allow deviations from these boundaries and descriptions of primary powers unless the text of the Constitution permits them.
In Ex Parte McCardle (1869) the Court held that the Court did not have ___ to hear an appellate habeas corpus case brought under the 1867 Habeas Corpus Act when in 1868 Congress repealed the law giving the Court appellate review over such cases while the case in question was pending.
One of the two traditional judicial views of the separation of powers system under our Constitution is “___”. ___ rejects strict divisions among the branches and emphasizes instead a more fluid system of shared rather than separated powers, and so long as "actions by Congress or the president do not result in the accumulation of too much power in any one branch, the federal courts should be flexible....” (Epstein et al.)
In Nixon v. United States (1993) the Court held that former District Court Judge Nixon’s claim that Senate Rule XI violates the Impeachment Trial Clause, which provides that the “Senate shall have the ___ power to try all Impeachments,” is a non-justiciable political question.
The Judiciary Act of 1789 set up a federal judicial system with three levels, initially consisting of the Supreme Court, three circuit courts, and thirteen ___ courts.
The first lines of each of the first three articles of the U.S. Constitution are the "___" clauses. They identify the principle power granted by the Constitution to each of the three branches of government. Article I “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Article II “The executive Power shall be vested in a President of the United States of America.” Article III “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
In Trump v. Mazars USA, LLP (2020) the Court announced new 4-part test for determining the constitutionality of a Congressional investigation into a president’s ___ information. (Describing this case, the reasons the Court gave for rejecting both parties' suggestions of the appropriate standard to be applied, and describing the four factors to be weighed and balanced under this test would be a good essay question.)
Chief Justice John ___, writing for the Court in Marbury v. Madison (1803), held that Congress’s grant of original jurisdiction to the Court to issue writs of mandamus is unconstitutional, therefore the Court could not issue the writ of mandamus requested in that case. (Describing the political background of this case and the Court's reasoning in coming to this conclusion would be a good essay question.)
In McGrain v. Daugherty (1927) the Court reaffirmed that Congress has the power to investigate and “to ___ a private individual to appear before it or one of its committees and give testimony needed to enable it efficiently to exercise a legislative function belonging to it under the Constitution” where the "purpose for which the witness’s testimony was sought was to obtain information in aid of the legislative function."
In Mcculloch v. Maryland (1819) the Court rejected a strict construction of Art. 1 Sec. 8's Necessary and Proper Clause, and held that Congress did have the power to charter the national ___.
In Gibson v. Florida Legislative Investigating Commission (1963), in which the Court reversed the contempt conviction of a leader in the ___ who refused to provide a committee with the organization’s membership records. The Court distinguished its holding in Barenblatt, noting that there wasn’t a link between the ___ and subversive activities, so the state had no compelling reason for demanding the membership lists.
In Gravel v. United States (1972) the Court held that the 1) Speech or Debate Clause protections, forbidding questioning a member of Congress “in any other place…for any Speech or Debate in either House,” extends to Senator’s ___, but only “insofar as the conduct of the latter would be a protected legislative act if performed by the Member himself. . . .” and also held 2) Speech or Debate Clause protections, forbidding questioning a member of Congress “in any other place…for any Speech or Debate in either House,” do not extend to the publishing co. the Senator gave classified documents to in order to publish, nor to any discussions about publication. (Identifying one of the cases that involves Congress's authority (or limits thereto) over its own internal affairs and explaining the holding and reasoning/rationale in that case as well as its legal impact would be a good essay question.)