Review

Question 1

An ordinary option contract is a distinct contract in which the offeree gives _____ for a promise by the offeror _____.

In contrast, under Article 2’s merchant’s firm offer provision, there are circumstances in which a promise to keep an offer open is enforceable even if _____ has been paid to keep the offer open: A merchant’s firm offer arises when _____.

Answer 1

consideration

not to revoke an outstanding offer

no consideration

a merchant offers to sell goods in a signed writing and the writing gives assurances that the offer will be held open.

Question 2

It is true that the President may unilaterally commit troops even if Congress has not declared war. However, while the President has the power to unilaterally commit troops in _____, the President lacks the power to declare war_____. The power to declare war rests with _____.

Answer 2

actual hostilities

unilaterally

Congress

Question 3

President no sign within 10 days + Congress NOT in session =

President no sign within 10 days + Congress IS in session =

Answer 3

“pocket veto.”

law

Question 4

Impeaching vote =

Answer 4

majority House + 2/3 Senate

all civil officers

Question 5

T/F. The Constitution does not specifically provide for an executive privilege.

Answer 5

True

Question 6

President’s power to pardon does not extend to . . .

Answer 6

civil contempt

Question 7

Undue veto vote =

Answer 7

2/3 of each

Question 8

T/F. President can declare war with advice and consent of Senate.

Answer 8

False.

Question 9

T/F. The President has the power to establish a military government in occupied territories without Congress.

Answer 9

True.

Question 10

The 2 Privileges and Immunities Clauses:

Answer 10

Art IV: states may not discriminate against nonresidents regarding fundamental rights—

i.e., those involving important commercial activities (such as pursuit of a livelihood) or civil liberties—absent a substantial justification: i.e., the state shows that nonresidents either cause or are part of the problem the state is attempting to solve, and that there are no less restrictive means to solve the problem. For example, states may not charge nonresident commercial fishermen substantially more for a license than they charge residents absent substantial justification.

14th = can’t deny rights of national citizenship