Lindsay Weeks
Legal Brief
1. Title and Citation
Clinton v. City of New York
524 U.S. 417 (1998)
2. Facts of the Case
This case dealt with the introduction of the Line Item Veto Act which merged two primary acts that caused immense controversy among Congress. The first provision “gave the president the power to rescind various expenditures, it established a check on his ability to do so”. This meant that Congress had the ability to “consider disapproval bills” and therefore making the Presidents cancellation “null and void”. The second provision laid out ways for Congress to bring action if any persons are harmfully impacted by the Line Veto Act, and they are able to seek injunctive relief if any part of the act violates the Constitution. June 2, 1997, one day after the act was enacted, six members of congress sued Robert E. Rubin who was secretary of the treasury and Franklin D. Raines who was director of the Office of Management and Budget. The congress members sued on the grounds that the act was unconstitutional due to it expanding the
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With the Congressmen winning their case the executive branch appealed it to the U.S. Supreme Court, which heard the case immediately “because the act directed the Court to hear as soon as possible any suit challenging its constitutionality”. The court dismissed that case, Raines v. Byrd on May 27, 1997 because the court did not feel that the congressmen were “the right litigants”. After the Court made their decision, President Clinton invoked the act and cancelled more than 80 items that included money for New York City hospitals and a tax break for potato farmers in Idaho. This angered the parties involved and they filed to sue under one consolidated case against the act and the Court held that the law was an unconstitutional delegation of
It was signed into law by the President Chester A. Arthur when he took over the Presidency because of Garfield 's assassination. C. Was vetoed as "an unconstitutional intrusion of government
1. Case Title and Citation ■ Washington v. Glucksberg 521 U.S. 702,117 S. Ct. 2258,117 S. Ct. 2302; 138 L. Ed. 2d 772 2. Procedural History The United States Supreme Court ruled that it was unconstitutional for any individuals to help another person to commit suicide.
Now, we address the following issues: Is it within Congress’s authority to remove an officer of the executive branch and appoint another in office? Does the act also violate the separation of power doctrine by granting the House of representative the authority to review and reject policies implemented by the new director of the Federal Bureau of Prisons? I argue that the act did not violate the principles of the constitution. The mechanisms set forth to appoint and remove a government official differs based on whether the person in question is a principal officer, or an inferior officer. In Morrison v. Olson, Justice Rehnquist describes how the two differ for purposes of appointment.
In my first case, I will analyze the Court’s decision in District of Columbia v. Heller. In this case, in a 5-4 decision, the Court overrules its decision in United States v. Miller, in which, it stated that the Second Amendment only protects the right to keep and bear arms in relation with service in a well-regulated, government sponsored militia. In the majority opinion of Heller, Scalia divides the Second Amendment into two parts: the prefatory clause and the operative clause. The prefatory clause is the first half of the Second Amendment, it reads: “A well-regulated Militia, being necessary to the security of a free State,” while the operative clause is the second half of the Amendment: “the right of the people to keep and bear Arms, shall
It said that in order to solve a labor dispute like if it threatens the security of the country, then the president could seize control of the union and prevent the union from striking. The president can only carry the laws passed by congress limits him, and the constitution also limits him. President Truman constitutionally justifies the seizure of the nation’s steel mills since there is a war going
It was denied. This court packing plan lead to a general dislike for FDR’s policies in Congress, completely turning the tide on his support. It was seen as him trying to alter the power of the Supreme Court in his favor (Reform: The Great Depression and FDR’s New Deal). FDR ended up vetoing over 600 bills after losing his Congressional support. These vetoes covered a wide variety of subjects as opposed to sticking with just one specific area.
During this time the bill was changed and rewritten as Congress attempted to strike a
The legislative veto was the method of congressional oversight used in INS vs. Chadha. The
President Bush’s veto power was the cause of several clashes between him and Congress. It is said that Bush would “frequently use vetoing as a threat to shape legislation”. Many of the significant vetoes made by Bush represent his opposition to expanded government regulations and were favorable towards business. One of Bush’s striking vetoes was the veto that was placed against the civil rights legislation of 1990. He stated that the bill “went too far
The Presentment Clause, which is in the Constitution, outlines how a bill can become a law. This clause is extremely important in two ways to signing statements. First, the president can inform Congress that the bill has to be altered in a specific way. Second, vetoing and defining one’s view are two different arguments. This is especially important if the president’s interpretation of the bill causes him to view the bill as unconstitutional.
Issue 6- Does the Act violate the Procedural Due Process? Conclusion 1.
“The power of Congress over interstate commerce is not confined to the regulation of commerce among the states. It extends to those activities, which affect interstate commerce, or
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
It was a double-standard. It was a waste of time and funds trying to enforce something they can’t. Especially if lawmakers can’t follow the laws themselves (document
The topic I have decided to address is one of the numerous political problems that we as a nation face and their concerns must be addressed. This issue started with the House Republican Leader John Boehner (R-OH) and Republican Whip Eric Cantor (R-VA) are asking President Obama to force Congress to cut wasteful Washington spending and pledging bipartisan support for this critical effort. In a letter to the President, the GOP leaders ask him to invoke his authority under the Impoundment Control Act of 1974 to submit specific proposals rescinding spending already in place. Currently now President Obama is calling for wasteful and ineffective programs to be placed on the chopping block in order for the revising of the United States Spending