Executive Power and Federal System

Question 1

What are domestic powers of the President that are not subject to statutory control?

Answer 1

1. Pardon power
2. Veto power
3. Appointment / Removal of Executive Officers

Question 2

What is a limitation of the powers of Congress with regards to an officer under Congressional control?

Answer 2

It cannot legislate a statute that gives the Congressional officer power to take action, ie: executive powers

Question 3

When is the President not permitted to impound funds?

Answer 3

When a statute unambiguously requires certain funds to be spent on certain purposes

Question 4

What are the procedures for Congressional impeachment?

Answer 4

1. Accusation brought by majority of House

2. Trial in Senate - requires 2/3 for conviction

Question 5

When can states discriminate against out of state residents through residency requirements?

Answer 5

When it involves a matter of public employment

Question 6

When are states allowed to regulate commerce in the absence of federal regulation?

Answer 6

1. No discrimination against out of state interests
2. Regulation doesn’t unduly burden i/s commerce
3. Regulation doesn’t apply to wholly extraterritorial activity

Question 7

What are exceptions to non-discrimination of out of state interests?

Answer 7

1. Substantial state interest + no non-discriminatory means available
2. State as market participant
3. Subsidies
4. Federal approval