Separation of Powers Flashcards
What are the presidential powers?
(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
Who does the president have the power to appoint?
High level officials with the advice and consent of the senate
Who does congress have the power to appoint?
lower-level officials that don’t have any regulatory power
What is the line-item veto and can the President do it?
Line item veto = cancelling certain portions of a bill. President can’t do this
What is the congressional override of the veto power?
Congress can override a president’s veto by a two-thirds vote of both houses
What is the presidential pardon power?
President can pardon any federal crimes, but can’t pardon impeachments
What can the president do as commander-in-chief?
President can move troops BUT NOT DECLARE WAR.
What happens when a treaty entered into by the president conflicts with federal law?
Whichever was signed most recently prevails
Once the president signs a treaty, how does it become effective?
Requires two-thirds vote of the senate
What is the difference b/w an executive order and an executive agreement?
Executive Order = Domestic
Executive Agreement = foreign
What are the congressional powers?
(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)
What are the three sources of legislative power?
(1) enumerated powers
(2) enabling clause
(3) necessary and proper clause
What is the enabling clause?
Gives Congress the power to enforce 13th, 14th, and 15th Amendments by appropriate legislation
What is the necessary and proper clause?
Implied power to Congress to make any laws that are “necessary and proper” to carry out an enumerated power
What can congress regulate through the commerce clause?
(1) channels of interstate commerce
(2) instrumentalities of interstate commerce
(3) activities that substantially affect interstate commerce
When can Congress impose taxes?
To pay debts and spend for the general welfare
When can Congress place a condition on a state receiving federal funds?
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
Who declares war?
Congress
When Congress creates an agency, what must guide the agency?
An intelligible principle
What are impeachable offenses?
Treason, bribery, and other high crimes and misdemeanors
What is the appropriations power and who has it?
When Congress, by legislative act, directs the President to spend appropriated money, the President can’t refuse to spend it or delay spending it
What is the congressional enforcement power?
Congress has the power to enact legislation that is “congruent and proportional” to the 13th, 14th, and 15th Amendments
When can Congress tax to achieve a regulatory effect?
If:
(1) the tax’s primary intent is to raise revenue; and
(2) reasonable relationship b/w the tax and the regulation
Congress has no police power except for legislation concerning:
(1) military
(2) indian reservations
(3) federal land
(4) District of Columbia
