1. According to supreme court jurisprudence, what are the four sources of congressional power?
2. Which landmark case first decided whether congressional power must be strictly enumerated? What question of policy gave occasion for the case and how did the Marshall Court rule?
3. According to McGrain v. Daugherty, why does Congress have an implied power to compel a private individual to give testimony?
4. In what sense was Congress's amendment- enforcing power at issue inSouth Carolina v.Katzenbach?
5. What is the Electoral College? What role did it play in the contested 2000 presidential election? Would Bush v. Gore, which ultimately decided that election, have gone differently. Were the presidents elected by direct popular majority? Why?
6. What are the major tools through which American presidents carry out their power to "take care that the laws be faithfully executed"?
7. In which landmark case did the Supreme Court rule on whether the vesting clause of Art. II is a "mere designation" of office or a general grant of power? How did the facts of that case give occasion for answering this question? What answer did the Court hand down?
8. What are two types of limitations that Supreme Court jurisprudence has placed on presidential power to execute the law?
9. What is the "presentment clause" of Art. I and what does it have to do with presidential power? What role did it play in Clinton v. City of New York?
10. Why is the distinction between "principal" and "inferior" officers so important for interpreting the president's appointment power? How did this distinction figure in Morrison v. Olson?
11. What presidential power was at issue in Myers v. United States and how was it interpreted in the Court's ruling?
12. What is executive privilege? What rule did the Supreme Court adduce to justify overriding it in United States. Nixon?
13. What is the quandary or dilemma associated with presidential immunity? How has the Supreme Court tried to resolve it in Mississippi v. Johnson,Nixon v. Fitzgerald, and Clinton v. Jones?
14. Why might the President have plenary power over foreign policy and which landmark Supreme Court decision is most associated with this position? On the other hand, why might the formulation or setting of foreign policy be a power reserved to Congress?
15. Why is the congressional practice of delegating certain of its domestic powers legally controversial? What was the first major ruling on the permissibility of this practice? How was it at issue in the more recent case of Mistretta v. United States?
16. Which two powers constitutionally vested in the President of the United States has Congress sought to exercise? Why might these practices be constitutional, and not straightforward violations of the separation of powers? How has the Court ruled?
17. According to the precedent of Prize Cases, what war powers may the president pursue without a formal declaration of war from Congress?
18. What is the question being put to the Court in Youngstown Sheet & Tube Co. v. Sawyer? How does Justice Jackson's concurrence lay out an approach to answering it?
19. In what sense were the powers of separate governmental branches at odds in Zivotofsky v.Kerry? How did the Court in Zivotofsky resolve the conflict