Chapter 6 Constitutional Law

Question 1

Federalism

Answer 1

The division of powers between the national and state governments.

Question 2

Preemption

Answer 2

The power of the Federal Government to prevent states from passing conflicting laws on a particular subject.

Question 3

Separation of Powers

Answer 3

The Executive, Legislative, and Judicial branches.

Question 4

Executive Privilege

Answer 4

The President cannot be compelled to testify or disclose certain information, top secrets cannot be disclosed to the public

Question 5

Executive Immunity

Answer 5

The idea that the president cannot be prosecuted while in office for actions taken while they were president.

Question 6

Justiciable Controversy

Answer 6

A real controversy, not a hypothetical case.

Question 7

Ripeness

Answer 7

A doctrine about timing, the case is being presented to the court way too early to decide the case.

Question 8

Political Questions

Answer 8

Intended to maintain the separation of powers and recognize the roles of the legislative and executive branches in interpreting the Constitution.

Question 9

Implied Powers Doctrine

Answer 9

The Federal Government (Congress or the President) has all powers necessary to carry out the stated powers in the Constitution.

Question 10

Full Faith and Credit Clause

Answer 10

Regulates the relationships not between the Federal Government and the states, but regulates the relationships from state to state.

Question 11

Checks and Balances

Answer 11

Provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful.

Question 12

Legislative Branch

Answer 12

Authorizes government expenditures
“The power of the purse”
Congress sets spending and budget and approves the budgets
Impeachments
Approves Presidential Appointments
Declares war

Question 13

Executive Branch

Answer 13

Power to appoint judges, ambassadors, cabinet, and the power to veto a bill
Executive Privilege
Executive Immunity
Veto power over legislation can be overridden with a 2/3rds majority by Congress

Question 14

Judicial Branch

Answer 14

Can only decide actual cases and actual controversies
The case must involve justiciable controversy
The case must have standing
Can either be “moot” or a “ripe” case

Question 15

Moot

Answer 15

The case has become moot when there is no fight between the parties anymore and the court dismisses the case as not having a justiciable controversy.