POL SCI 71A Study Guide - Midterm Guide: Thurgood Marshall, Supremacy Clause, Spritsail
15 May 2017
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From time to time, a president may take some form of action that falls within the federal sphere of authority yet is arguably legislative in nature (i. e. making law ). Such action could be challenged on the grounds that by doing so the president is acting in an unconstitutional manner. Consider: schechter poultry corp. v. us (1935) (previous chapter, united states v. curtiss-wright corp. (1936) (previous chapter, youngstown sheet & tube co. v. sawyer (1952) (including justice. Jackson"s concurrence and chief justice vinson"s dissent): consider justice jackson"s first category - i. e. , when congress has (expressly or impliedly) said ok to the president"s action. Consider justice jackson"s third category - i. e. , when congress has. Used the spirit of the constitution (expressly or impliedly) said no to the president"s action. What do the cases mentioned above teach us, as a general matter, about how to analyze the constitutionality of the.
