Title: 04-01pp.93
1. With respect to Powell v. McCormack (1969), which of the following statements is false?
Title: 04-02pp.105
2. John Marshall’s decision in McCulloch v. Maryland (1819; national bank case) with respect to
the powers of Congress is more closely related to the position articulated by which the
following?
Title: 04-03pp.120
3. Which of the following is an inherent power held by Congress?
4. The power of the legislature to investigate and hold hearings is an _______ power.
5. In McCulloch v. Maryland, the Court argued that _______.
6. McGrain v. Daugherty stemmed from which scandal?
7. The House Un-American Activities Committee mainly dealt with investigating _______.
8. In United States v. Curtiss-Wright Export Corp. the Court decided that _______.
9. The most prevalent focus in Article I, Section 8, of the Constitution is on _______.
10. In Gravel the Court decided that _______.
11. In Mistretta v. U.S. (the Sentencing commission case) the Court ruled that _______.
12. After INS v. Chadha, _______.
13. The old Latin maxim, Delegata potestas non potest delegari, means _______.
14. In U.S. Term Limits v. Thornton (1995) the Court struck down the term -limits law enacted
by the state of Arkansas. Four justices dissented in an opinion written by Clarence Thomas.
Summarize Thomas’s opinion in support of the constitutionality of the Arkansas law.
15. In Gravel v. United States (1972; dispute over Senator. Mike Gravel’s making public the
contents of the Pentagon Papers), the Court ruled on the coverage of the Speech or Debate
16. Discuss how the Court dealt with the Speech or Debate Clause in two cases decided after
Gravel. Explain whether the Court expanded or contracted the freedom this clause gives to
members of Congress in each case.
17. In his opinion in McCulloch v. Maryland (1819), what three factors does Chief Justice
Marshall use to evaluate whether a law is constitutional?
18. Discuss the Court’s opinion in McGrain v. Daugherty (1927). How did it alter Congress’s
power to investigate scandals like Teapot Dome?
19. The Court seemed to reverse itself in the two years between Watkins v. United States (1957)
and Barenblatt v. United States (1959). What might explain the Court’s change of opinion in
such a short period of time?
20. Summarize Justice Sutherland’s argument in U.S. v. Curtiss-Wright Export Corp. (1936) in
support of Congress’s delegation of power to the president.
21. Why was there a larger debate about the third provision of the Virginia Plan than about the
first two provisions?
22. Describe the grounds on which the Supreme Court declared the legislative veto
unconstitutional in the case of Immigration and Naturalization Service v. Chadha (1983).
23. What rationale did Chief Justice Marshall use to justify the congressional delegation of
power to the judiciary in Wayman v. Southard (1825)?
24. What reasons did the Court use to strike down the National Industrial Recovery Act in
25. Explain, with examples, the different types of powers held by Congress. Argue whether you
believe Congress has unlimited powers or whether it should be constrained, and how, by other
branches of government.
26. Do you think term limits should be imposed on Members of Congress? In answering this
question, lay out the arguments for both sides of this issue and then explain why one side has the
better argument. Be sure to use arguments from Supreme Court opinions (both majorities and
dissents).
27. Has the Supreme Court been more willing to uphold actions taken by Congress or the
president that violate the separation of powers on domestic issues or on issues relating to foreign
relations? Use examples from cases in the chapter to justify your argument. Then, explain why
you think the Court has taken such a position on the separation of powers.
28. For purposes of Questions 28 and 29, assume that it is November 2006. Republicans still
control the U.S. Supreme Court (seven Republicans and two Democrats) but a Democrat,
Howard Lark, is now president of the United States, and Democrats control the House of
Representatives. The Democratic Party also controls the Senate. But in the election of 2006 the
party lost several seats, such that—beginning in January 2007, when the new senators are to be
sworn in—the Senate is going to be controlled by Republicans, though by a slim margin (forty-
nine Democrats and fifty-one Republicans).
29. For purposes of Questions 28 and 29, assume that it is November 2006. Republicans still
control the U.S. Supreme Court (seven Republicans and two Democrats) but a Democrat,
Howard Lark, is now president of the United States, and Democrats control the House of
Representatives. The Democratic Party also controls the Senate. But in the election of 2006 the
party lost several seats, such that—beginning in January 2007, when the new senators are to be
sworn in—the Senate is going to be controlled by Republicans, though by a slim margin (forty-
nine Democrats and fifty-one Republicans).
30. During his terms in office, President George W. Bush faced a number of politically difficult
situations. One of the most visible of the domestic problems he encountered involved the Enron
scandal. During his second full year in office, Bush, along with his vice president, Dick Cheney,
spent a lot of time fending off attacks concerning their dealings with Enron. Specifically, the
Bush White House was publicly chastised for setting policies supported by Enron that actually
helped the corporation. In short, many observers believed that the Bush White House supported
Enron, and may therefore have helped prop up its illegal activities.
Senator. Henry Waxman was chosen to head the Senate committee charged with investigating
“possible illegal activity surrounding the failure of Enron, and the possible involvement of the
President and Vice President.” The committee called Cheney and several of his top aides to
appear and testify regarding their involvement in the Enron corporate scandal. Reluctantly,
Cheney’s chief of staff finally agreed to appear before the committee.
Senator Waxman asked Cheney about his involvement with Enron generally, but as his
testimony continued, Waxman’s questions became more specific. He asked, “Did you engage in
any illegal activity regarding the Enron Corporation?” as well as, “Did you know of anyone who
did engage in illegal activity regarding Enron?” Cheney refused to answer these questions,
claiming that they were beyond the scope of the committee’s charter. The committee held him in
contempt.
Senator Waxman, upon the completion of Cheney’s testimony, called him “a complete liar, and
an underhanded cheater, willing to do anything to make money,” and asserted that “he was
simply part of the Texas oil mob good ole boys network.” These comments were made directly
to Cheney’s face in the Senate committee’s chambers. While the hearings were taking place,
Waxman was negotiating with a major publisher to write a book about the Enron hearings, which
would include Cheney’s testimony as well as Waxman’s own thoughts and comments about the
process. At the conclusion of Cheney’s testimony, Waxman appeared on numerous news
programs and talk shows to promote his book and talk about the testimony, repeating his earlier
comments about Cheney’s honesty.
Vice President Cheney sued Waxman on several grounds. First, he claimed that Waxman had
libeled him and sought $10 million in damages. Second, he challenged the committee’s authority
to investigate this subject matter. He argued that the committee’s charter was too vague and the
questions posed to him were a violation of his First Amendment rights of association.
Suppose you are a Supreme Court justice. How would you decide this case? Use existing
Supreme Court precedent to justify how you would rule on each of Cheney’s specific allegations
and offer supporting arguments as to why you reached your decision.