Con Law ( Seperation Of Powers)

Question 1

Presidential Powers ( Executive)

Answer 1

-Veto
-Appoint (ambassador, judges, heads of cabinets) anyone w/ regulatory authority

President vs Congress; Congress vs President

Question 2

When can Congress + President appoint?

Answer 2

• When there is no regulatory power for those people (lower end; couldn’t make rules only recommend, research, study, advise)

Question 3

Who has the power to pardon?

Answer 3

• The President ; + it wipes your record clean
• Can only pardon for FEDERAL crimes

Question 4

Who is the head of the armed forces ( commander and chief)

Answer 4

-Can appoint (command) trips to go from point A to point B
-Can seize property
-Can’t say “declaring war” (only congress)

Question 5

Who can make and enter into treaties?

Answer 5

-The President

• A President enters a treaty and it conflicts with federal law; “last in time” whichever was done last will prevail”

Question 6

Who can give executive order + executive agreements?

Answer 6

-Executive order: Anything President does which is domestic
-Executive agreement: Foreign

-President can enter as long as they don’t conflict or supersede an act of Congress ( because Congress makes laws )
-If no law on the matter the President then can issue an executive order

-Is the presidents order messing w/ congress?
-Is there a federal law thatll conflict?

Question 7

Congressional Powers ( Legislative)

Answer 7

-Tax

Question 8

When can congress tax?

Answer 8

-Congress can tax if tax raises revenue for the general welfare
-As long as law is for general welfare it’s constitutional (there’s always gonna be an upset plaintiff )
-Worry about what gov is doing and why

Question 9

When can congress spend our money?

Answer 9

-As long as spending is for general welfare

Question 10

Congress + Commerce clause

Answer 10

-Congress has a broad power to regulate anything that will have a substantial effect on interstate commerce (anything sold in the country)

-“broadest power; commerce always (plenary authority)

-Business ( product, widget, goods)
-Making, shipping, manufacturing, selling
-If you see a question and Congress is making, passing any kind of law, regulating and that it affects making manufacturing a product or a good

-“Any state” it is likely valid under congresses commerce power.

Question 11

Who can declare war?

Answer 11

-Congress
-Can do anything to provide for the welfare + defense of the country

Question 12

Who has the primary authority over foreign affairs?

Answer 12

-Congress; primarily authority

Question 13

Who had the power over Aliens?

Answer 13

-Congress

Question 14

Who has the power to coin money? Print money

Answer 14

-Congress

Question 15

Who has jurisdiction over federal land? (Washington D.C, parks + monuments)

Answer 15

-Congress

Question 16

Can congress delegate powers to the president?

Answer 16

-Congress can delegate certain powers to the president
-If they delegate (enumerated powers) it has to come with guidelines and or limitations

Question 17

Necessary and Proper clause

Answer 17

-Congress can do whatever is necessary and proper to fulfill their powers (tax & stuff)
-When they connect the necessary proper clause to tax or to regular commerce (must be linked in hypo or answer choice)

Question 18

“Commandeer”

Answer 18

-Unless Congress is requiring them to enact laws or administer federal law, the 10th amendment is sully and incorrect answer. (It provided the states with little to not support