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Burwell V Hobby Lobby Case Study

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Case Summaries – GOVT 3001
Powell v Alabama Burwell v Hobby Lobby
Calder v Bull Marbury v Madison
Fletcher v Peck Martin v Hunter’s Lessee
Trustees of Darmouth College v Woodward Cohens v Virginia
Cooper v Aaron Nixon v United States
City of Boerne v Flores Bush v Gore
McCulloch v Maryland Lochner v New York
United States v The William Gibbons v Ogden

1. Ogden purchased a license from two persons granted exclusive navigation privileges on New York waters. When Gibbons operated on Ogden’s route, Ogden filed to restrain Gibbons from operating on these waters, violating the Federal Coasting Act of 1793.

2. The Court ruled in favour of Gibbons, arguing that commerce is the trade of commodities, which includes navigation, and, under the power …show more content…
Dissent – Act should be upheld, because spending is a legislative function. There is therefore nothing wrong with allowing Congress to influence the executor of the act. Morrison v Olson

1. The President ordered the Administrator of the EPA to withhold sensitive documents. The Administrator was later suspected of giving false testimony. The Attorney General appointed an Independent Counsel (IC) to investigate this.

2. This did not violate the separation of powers, because even though the President could not fire the Independent Counsel, the person is still an officer of the Executive branch, under the Independent Counsel Act

3. Dissent – Act should be struck down, because criminal prosecution is executive and President is deprived exclusive executive control. Also, the Administrator argued that the IC was answerable to no one, and hence easily abused or corrupted.

Clinton v City of New York

1. Congress passed a bill (Line Item Veto Act of 1996) which allowed the President to unilaterally amend or repeal parts of Statutes which have been passed by Congress.

2. The act violated the Presentment Clause of the Constitution, which outlines a specific practice for enacting a statute. Also, in a concurrence, the act enhanced presidential power to reward one group and punish

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