Separation of Powers

Question 1

What are the presidential powers?

Answer 1

(1) veto
(2) appointment of high-level people (w/ the advice and consent of the senate)
(3) pardon power
(4) commander-in-chief
(5) treaty power
(6) executive orders and executive agreements
(7) removal power

Question 2

Who does the president have the power to appoint?

Answer 2

High level officials with the advice and consent of the senate

Question 3

Who does congress have the power to appoint?

Answer 3

lower-level officials that don’t have any regulatory power

Question 4

What is the line-item veto and can the President do it?

Answer 4

Line item veto = cancelling certain portions of a bill. President can’t do this

Question 5

What is the congressional override of the veto power?

Answer 5

Congress can override a president’s veto by a two-thirds vote of both houses

Question 6

What is the presidential pardon power?

Answer 6

President can pardon any federal crimes, but can’t pardon impeachments

Question 7

What can the president do as commander-in-chief?

Answer 7

President can move troops BUT NOT DECLARE WAR.

Question 8

What happens when a treaty entered into by the president conflicts with federal law?

Answer 8

Whichever was signed most recently prevails

Question 9

Once the president signs a treaty, how does it become effective?

Answer 9

Requires two-thirds vote of the senate

Question 10

What is the difference b/w an executive order and an executive agreement?

Answer 10

Executive Order = Domestic

Executive Agreement = foreign

Question 11

What are the congressional powers?

Answer 11

(1) taxing power
(2) spending power
(3) commerce clause
(4) war power
(5) foreign affairs
(6) aliens
(7) coin money
(8) federal land (including DC)

Question 12

What are the three sources of legislative power?

Answer 12

(1) enumerated powers
(2) enabling clause
(3) necessary and proper clause

Question 13

What is the enabling clause?

Answer 13

Gives Congress the power to enforce 13th, 14th, and 15th Amendments by appropriate legislation

Question 14

What is the necessary and proper clause?

Answer 14

Implied power to Congress to make any laws that are “necessary and proper” to carry out an enumerated power

Question 15

What can congress regulate through the commerce clause?

Answer 15

(1) channels of interstate commerce
(2) instrumentalities of interstate commerce
(3) activities that substantially affect interstate commerce

Question 16

When can Congress impose taxes?

Answer 16

To pay debts and spend for the general welfare

Question 17

When can Congress place a condition on a state receiving federal funds?

Answer 17

If:

(1) condition is expressly stated;
(2) condition relates to the purpose of the law at issue; and
(3) condition can’t be unduly coercive

Question 18

Who declares war?

Answer 18

Congress

Question 19

When Congress creates an agency, what must guide the agency?

Answer 19

An intelligible principle

Question 20

What are impeachable offenses?

Answer 20

Treason, bribery, and other high crimes and misdemeanors

Question 21

What is the appropriations power and who has it?

Answer 21

When Congress, by legislative act, directs the President to spend appropriated money, the President can’t refuse to spend it or delay spending it

Question 22

What is the congressional enforcement power?

Answer 22

Congress has the power to enact legislation that is “congruent and proportional” to the 13th, 14th, and 15th Amendments

Question 23

When can Congress tax to achieve a regulatory effect?

Answer 23

If:

(1) the tax’s primary intent is to raise revenue; and
(2) reasonable relationship b/w the tax and the regulation

Question 24

Congress has no police power except for legislation concerning:

Answer 24

(1) military
(2) indian reservations
(3) federal land
(4) District of Columbia

Question 25

When can Congress regulate non-economic activities through the Commerce Clause?

Answer 25

If it has a direct, substantial economic effect on interstate commerce

Question 26

What immunity does the President have?

Answer 26

Absolute immunity from civil suits arising from official actions taken while in office (no immunity for actions taken prior to taking office)