Chapter 9 Flashcards
The Take Care Clause has been interpreted to represent which two propositions?
The President’s duty to enforce laws and the President’s discretion not to enforce them.
In Youngstown Sheet & Tube Co. v. Sawyer, the Supreme Court ruled that the President’s executive order for the federal government to take possession of most of the nation’s steel mills was:
Unconstitutional, because the President’s power to issue the order must stem either from an act of Congress or from the Constitution itself, and no such authority was found.
In the context of prosecutorial discretion, which of the following is a correct interpretation of United States v. Nixon (1974)?
The Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case.
Based on the Take Care Clause and Executive Discretion in the Enforcement of Law, which of the following can be inferred about the limits of Congress’s authority to regulate executive enforcement discretion?
Congress’s authority to regulate executive enforcement discretion is bound by respect for the separation of powers.
The Take Care Clause’s assertion that the President must ensure laws are “faithfully executed” primarily serves as a check against what historical practice?
The royal suspending and dispensing power exercised by English monarchs.
Selective prosecution, a challenge to prosecutorial discretion, is based on the claim that:
Prosecutors have singled out a defendant for prosecution on the basis of race or other improper basis.
Which of the following statements is true about prosecutorial immunity, according to the Supreme Court decision in Imbler v. Pachtman (1976)?
Prosecutorial immunity is necessary to enable fearless and impartial policy in the administration of the prosecutor’s office.
Which of the following justifications for prosecutorial discretion is NOT generally recognized by courts?
The application of the principle of fairness
In respect to the power of enforcement, what element is viewed as within the “special province of the Executive Branch” according to the Supreme Court?
The initiation of criminal prosecutions.
An executive order issued by the President:
May have the force and effect of law only if the presidential action is based on power vested in the President by the Constitution or delegated to the President by Congress.
Which of the following is NOT a recognized limitation on Congress’s authority to intrude upon the executive’s enforcement power?
Congress can direct the executive to bring a criminal prosecution against a specific individual.
According to the Congressional Research Service Report, how does the power of executive orders and proclamations usually affect private individuals?
They indirectly affect private individuals by directing and governing the actions of government officials and agencies.
