Con Law _ Separation of Powers

Question 1

PRESIDENTIAL POWERS

Question 2

Veto Power:

PRESIDENTIAL POWERS

Answer 2

• President has the power to VETO

Question 3

Presidential Appointment Power:

PRESIDENTIAL POWERS

Answer 3

• The power to appoint ambassadors, judges, heads of agencies

Question 4

Joint Appointment Power:

PRESIDENTIAL POWERS

Answer 4

• CONGRESS may appoint members when the agency has NO regulatory or rulemaking authority

Question 5

Presidential Pardon Power:

PRESIDENTIAL POWERS

Answer 5

• Absolute power of the President
• Only pardon FEDERAL crimes

Question 6

Commander-in-Chief

PRESIDENTIAL POWERS

Answer 6

• President can Command Troops, but CANNOT Declare War

Question 7

Presidential Treaty Power:

PRESIDENTIAL POWERS

Answer 7

President has the power to enter into treaties

Question 8

Treaty Conflict:

PRESIDENTIAL POWERS

Answer 8

• If treaty & federal law conflict – LAST IN TIME prevails

Question 9

Which one is domestic, which one is foreign?

Executive Order & Executive Agreement:

PRESIDENTIAL POWERS

Answer 9

Executive Order = Domestic
vs.
Executive Agreement = Foreign

Question 10

Constitutionality of Executive Orders:

PRESIDENTIAL POWERS

Answer 10

• CANNOT conflict or supersede Congress

Question 11

Presidential Powers List (6)

PRESIDENTIAL POWERS

Answer 11

• Veto
• Appointment
• Pardon
• Commander in Chief
• Treaty
• Executive Order/Agreement

Question 12

Congressional Taxing Power:

CONGRESSIONAL POWERS

Answer 12

• “To raise revenue for the general welfare”

Question 13

Congressional Spending Power:

CONGRESSIONAL POWERS

Answer 13

• “For the general welfare”

Question 14

Commerce Clause:

CONGRESSIONAL POWERS

Answer 14

• Congress has broad power to regulate commerce
• Regulate the making, manufacturing, shipping of a widget
  Examples:
  o How much cotton in children’s pajamas o How much tint can be in car windows
  o How much rubber in tires
  o How much lead in a pencil

Question 15

War Power:

CONGRESSIONAL POWERS

Answer 15

• Congress can declare war

Question 16

Foreign Affairs:

CONGRESSIONAL POWERS

Answer 16

• Congress has the Primary Authority on Foreign Affairs

Question 17

Aliens

CONGRESSIONAL POWERS

Answer 17

• Congress has the power over non-citizens

Question 18

Coin Money:

CONGRESSIONAL POWERS

Answer 18

• Congress has the power to coin money

Question 19

Federal Land:

CONGRESSIONAL POWERS

Answer 19

• Congress has power over federal land including Washington D.C.
• Parks, Monuments

Question 20

Congressional Powers (6)

CONGRESSIONAL POWERS

Answer 20

• Tax & Spend
• Commerce Clause * Declare War
• Foreign Affairs
• Aliens
• Coin Money
• Federal Land

Question 21

Definition – Delegation of Powers

DELEGATION OF POWERS

Answer 21

• Congress CAN delegate powers
• MUST include guidelines & limitations

Question 22

Definition – Necessary & Proper Clause

NECESSARY & PROPER CLAUSE

Answer 22

Whatever is “necessary & proper” to enact enumerated powers

Question 23

AdaptiTip
Necessary & Proper Clause {MUST / MUST NOT} be linked to an **{ _ } ** POWER

Answer 23

Necessary & Proper Clause must be linked to an enumerated power