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Recommended: Presidential powers
There have been many, many court cases throughout the history of the United States. One important case that I believe to be important is the court case of Clinton v. New York. This case involves more than just President Bill Clinton, the City of New York; it involved Snake River Farmers’ as well. This case mostly resolves around the president’s power of the line item veto. In 1996 President Bill Clinton signed the Line Item Veto Act into law. This would allow the president to get rid of a part of a bill and not disapprove the entire bill. The first time that President Clinton used this power he used it to refine the Balanced Budget Act of 1997, he got rid of a part of the bill that waived the Federal Governments statutory right to get back or receive $2.6 billion in taxes that were levied by the City of New York. President Clinton also line item vetoed a section of the Taxpayer Relief Act of 1997 this wouldn’t allow certain food processors and refiners to sell their stock to farmers to defer the recognition of capital gains. This is when the Snake River Farmers’ and City of New York went after Clinton for doing so this is where the case of Clinton v. The City of New York originated from. In this case there were constitutional issues that were raised, major arguments presented, and the final ruling from the Supreme Court.
The case of Clinton v. City of New York brought about some constitutional issues like whether or not the president should be able to have the kind of power that he does. The Snake River Farmers’ believe that President Clinton, actually any president shouldn’t be allowed the power to delete a portion of any bill. I believe that it is okay for the President to have some sort of power. The question has been brought ...
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...Item Veto? This type of veto is still around today, and is still used.
The final outcome to the case of Clinton v. The City of New York was very surprising to many different people. The constitutional issues that were brought up was that with the Line Item Veto Act the President had was too much power. Many arguments were brought up in the Supreme Court from both the majority and the dissenting sides. The whole case being ruled unconstitutional by the Supreme Court and then coming to a mooted pointed to this day. I believe that tis ruling was incorrect in the fact that the majority should feel good that they had received the rest of the bill. President Clinton could have just disapproved and vetoed the whole bill, but he didn’t he just got rid of the part he believed that is wasn’t needed. It’s in this fact I believe the case should have been ruled constitutional.
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
Upon accepting a position to work for the New York Transit Authority, Mary Myers was forthright in informing her supervisor(s) know that she was unable to work any sundown Fridays to sundown Saturdays. (Feazell, 2003) As it relates to keeping “the Sabbath”, sundown Friday to sundown Saturday adherence to set aside this time period for rest and worship. (Feazell, 2003) Consequently, after Ms. Myer begin working for Transit Authority, her scheduled hours were involuntary changed, and she was then required to work on the Sabbath. (Feazell, 2003)
Federal supremacy was also finally solidified by this case. New York said that the Federal Coasting license that Thomas Gibbons had was useless in New York waters. Thus this sets-up the great issue of the day state gov't v. federal gov't. But as New York and the rest of the United States finally gets into it's head that the Constitution is the law of the land and that in Article IV, it states that "federal laws supersedes state laws"
One of which includes Rancho Viejo vs. Norton. Not only was he for making the shopping mall but he ignored the fact that this would interfere with an already endangered species. He was also part of the group that allowed a police officer to unlawfully search a vehicle without a warrant during the US. Vs. Brown case. John Roberts also voted for the Obama care act in which was almost denied as it was considered unconstitutional. Despite having a successful background, John Roberts can considerably be noted as being very controversial as he has made some arguable calls in his
1. Does the Supreme Court have the responsibility to interpret the constitutionality of a case, that is brought up for review as it is presented at its face value, or should it consider the ultimate impact that it could have ...
4. The District Court rejected Nixon's motion saying that the judiciary, not the President, was the final arbiter of a claim of executive privilege. The case was appealed to the Supreme Court by the President.
The majority opinion of the court was the most accurate for this case because of the fact that Johnson was expressing his personal beliefs and opinions. The 5 to 4 decision was the most constitutional and well thought through judgment. Johnson was not threatening the United States in any way, let alone the people of the United States. Although society may find expressive events hostile, the government cannot ban it because it’s expressive conduct and it underlies in one’s First Amendment rights. The majority opinion was the most constitutionally accurate, but one may think, does our Constitution need revising?
Many of the upcoming November elections this year create much friction and competition between the candidates. The New York State Senate race between Hillary Clinton and Rick Lazio has proved to very close and heated. eEach candidate has strong views on issues and puts up a good debate about each one. Hillary Clinton is the Democrat and Rick Lazio is the Republican in this election. This is a very close race and the winner will determine many of New York’s views on future issues.
... have the final voice in determining constitutional questions; no person, not even the president of the United States, is completely above the law; and the president cannot use executive privilege as an excuse to withhold evidence that is "demonstrably relevant in a criminal trial." Just over two weeks later, President Nixon resigned, and United States V. Nixon became one of the most important landmark cases of all time.
The Constitution is the pulse of our nation, pumping freedom from sea to shining sea. The Constitution is alive, and it acts as a guide to our leaders throughout the country, granting each citizen their individual rights. President Ronald Regan used the Constitution as framework for countless decisions in his eight years as president, from urging Mr. Gorbachev to “Tear down that wall!”, to maximizing the War on Drugs. President Regan utilized various limbs of the Constitution to serve the people in a multitude of ways, especially through Article II. Though the Article is compact, it has been understood and exercised in many different ways by our presidents. Our
In response to the Reconstruction Acts of 1867 the state of Mississippi brought suit against the President of the United States, Andrew Johnson, claiming that the laws were un-constitutional. The opinion of the court was given by the Chief Justice, and ruled that an injunction against the president could not be made for duties performed by the president within his duties delineated in Article II of the Constitution. In the ruling the court explained the president’s role in this specific case was not ministerial as the state of Mississippi had argued but was rather an act based on his executive and political duties. Quoting Chief Justice Marshall the court explained that an attempt by the judicial branch to oversee such duties would be “an absurd and excessive extravagance.” The opinion further explains that even though the court in this case is not being asked to tell the executive what it must do but rather telling it what it cannot do, the court must not stray from the underlying principle. Thus, the ruling in this case is that the President of the United States cannot be sued to prevent the carrying out of his/her executive responsibilities.
...ld pass, but Congress would eventually override his vetoes on most of the laws (Barney, William L.).
While relationship between the legislative, executive and judiciary largely remained the same, the public perception of President’s place in system has changed (Jeffrey Tulis, 1990). In the twentieth century, a strong executive emerged and was institutionalized in American national politics. Even though the framers anticipated that Congress would be the predominant branch of government, contemporary presidents wield formidable formal and informal resources of governance. As a result, the public expectations of presidents have grown and created a gap between expectations and formal powers. In an attempt to explain presidential power and its limits, four major often conflicting theories of presidential power has emerged in the last four decades.
Ernesto Miranda grew up not finishing high school. He didn’t finish the 9th grade, and he decided to drop out of school during that year. He also had a criminal record and had pronounced sexual fantasies after dropping out of high school. Ernesto Miranda was arrested in Phoenix in 1963. He had raped an 18 yr. girl who was mildly mentally handicapped in March of 1963. He was charged with rape, kidnapping, and robbery. When he was found and arrested, and he was not told of his rights before interrogation. After two hours of interrogation, the cops and detectives had a written confession from Miranda that he did do the crimes that he was acquitted for. Miranda also had a history mental instability, and had no counsel at the time of the trial. The prosecution at the trial mainly used his confession as evidence. Miranda was convicted of both counts of rape and kidnapping. He was sentenced to 20-30 years in prison. He tried to appeal to the Supreme Court in
The power of the Executive branch has expanded over time to become the most authoritative division of government. In contrast to the Constitution 's fundamental designer, James Madison, who predicted the Legislative branch would dominate due to it’s power in making laws and regulating taxes/spending, the executive powers have proven to be superior and ever broadening. From the birth of the Republic, the President has sought to protect his rights and seek beyond his restriction of power. Setting the precedent as early as 1795, George Washington refused to relay documents relating to the Jay Treaty to the House of Representatives and saw his actions as a justified act of “executive prerogative.” Moreover, weaving throughout the Nineteenth century, presidents such as Andrew Jackson and Abraham Lincoln conceived and added functions, such as the extensive use of the veto and the president’s direct and active role as Commander in Chief to their executive tool-belt. The Constitution communicates very little details regarding the President’s use of the power of veto and the role as Commander in Chief, but it was these presidents which established the major authority of the executive branch in these areas.