PS4135Cases-2.pdf Political Science 4135
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This 3 page Study Guide was uploaded by Mandy Chen on Friday December 5, 2014. The Study Guide belongs to Political Science 4135 at a university taught by Caldeira in Fall. Since its upload, it has received 178 views.
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Can you just teach this course please? lol :)
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Date Created: 12/05/14
o Criminal contempt is quotoffence against the United Statesquot nothing in those words excludes criminal contempt 0 Actions that violate the dignityauthority of the federal courts violate the law of the US Aka contempts offenses against US president39s pardon authority includes such offenses 0 President39s powers are to act as checks against undue prejudice or needless severity in such sentencing by the judicial branch 0 Pre revoutionary experience before Revolution King of England had always exercised power to pardon criminal contempts The President and Foreign Policy United States v CurtissWright Export Corp 1936 p 253 0 Curtiss Wright charged with conspiring to sell 15 machine guns to Bolivia which was engaged in an armed con ict in the Chaco This violated Joint Resolution of Congress amp proclamation issued by Roosevelt embargo o Curtiss Wright embargo amp proclamation void because Congress had improperly delegated legislative power to the executive branch by leaving what was essentially a legislative determination to the President 0 Did Congress in its Joint Resolution unconstitutionally delegate legislative power to the President 0 Decision 7 votes for US 1 vote against o No constitutional violation Court agreed that President allowed to operate in executing Joint Resolution Justice Sutherand39s Reasoning 0 Important distinctions between internal and foreign affairs The President alone has the power to speak or listen as a representative of the nation Congress may provide the President with a special degree of discretion in external matters which would not be afforded domestically o quotThe broad statement that the federal government can exercise no powers except those speci cally 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 affairsquot 0 implications 0 Upheld export limitations on grounds of national security 0 Established broader principle of executive supremacy in national security and foreign affairs
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