4 Matching Annotations
  1. Last 7 days
    1. The Government also argues at some length that its interests in reducing the processavailable to alleged enemy combatants are heightened by the practical difficulties that wouldaccompany a system of trial-like process

      The U.S. Supreme Court addressed the detention of Yaser Hamdi, a U.S. citizen who had been captured in Afghanistan and held by the U.S. military as an "enemy combatant." The government argued that it could detain Hamdi indefinitely without charge, citing his status as an enemy combatant, and without granting him access to an attorney or a court.

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  2. Oct 2024
    1. By reason of today's decision, I anticipate that Congress will find delegation of itslawmaking powers much more attractive in the future

      This case ruled that the Sentencing Reform Act of 1984 and the U.S. Sentencing Commission were constitutional. The court's decision was based on delegation of powers. Congress can delegate authority to other branches of government under broad guidelines.

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    1. Is the conduct of a criminal prosecution (and of an investigation to decidewhether to prosecute) the exercise of purely executive power?

      The conduct of a criminal prosecution and the decision to investigate whether to prosecute involves the exercise of executive power, but it is not purely executive in nature.

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  3. Sep 2024
    1. Under this requirement, thetaxpayer must show that the challenged enactment exceeds specific constitutional limitationsimposed upon the exercise of the congressional taxing and spending power, and not simply thatthe enactment is generally beyond the powers delegated to Congress by Art. I, § 8. When bothnexuses are established, the litigant will have shown a taxpayer's stake in the outcome of thecontroversy, and will be a proper and appropriate party to invoke a federal court's jurisdiction

      The whole paragraph discusses how Warren made his decision by writing for the majority. While the court ruled that petitioners had satisfied both nexuses and therefore had standing to sue as taxpayers.

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