Separation of Powers

Question 1

Powers of Congress

Answer 1

commerce clause, taxing and spending, delegation of powers

Question 2

commerce clause

Answer 2

congress can regulate 1) the channels of interstate commerce (highways), 2) the instrumentalities of and the people things in interstate commerce (cars and airplanes) 3) economic activitity that have substantial effect on interstate commerce `

Question 3

when can congress regulate intrastate commerce

Answer 3

regulation will be upheld if there is a rational basis to conclude that the cumulative impact of the activity (aggregate) has a substantial effect on interstate commerce. if not economic or commercial in nature, this substantial effect and aggregation test may not be used

Question 4

taxing and spending

Answer 4

congress may tax and spend for the general welfare under its spending power and can attach strings and conditions to funds

Question 5

when can congress add strings and conditions to state funds

Answer 5

1) the spending is for the general welfare 2) the condition imposed is clearly stated 3) the condition imposed is related to the federal interest and 4) the condition is not unduly coercive

Question 6

congress ability to delegate powers

Answer 6

has broad discretion to delegate powers with only a few limitations including that they are not allowed to delegate executive powers to itself or its officers

Question 7

powers of president

Answer 7

commander and chief, treaties and foreign affairs, appointment and removal, veto power

Question 8

commander in chief

Answer 8

has broad powers as CIC of military to use american troops in foreign countries

Question 9

treaty and foreign affairs - power is shared between who?

Answer 9

president and congress

Question 10

president’s treaty power

Answer 10

the president has the power to negotiate and enter into agreements between U.S. and other countries but the agreements MUST be ratified by the senate

Question 11

president appointment power

Answer 11

the president has the power to appoint ambassadors, judges, and officers of the U.S., but they MUST be confirmed by Senate - President can remove officers of the exec branch (cabinet members) unless it is an office where independence from the president is desirable. this power can also be limited by congress on good cause

Question 12

president veto power

Answer 12

has the power to veto a bill within 10 days of presentment. If the president vetoes a bill, the veto can be overidden by 2/3 votes of house and senate.

Question 13

pocket veto

Answer 13

president can pocket veto - which occurs when the president does not signa bill within 10 days AND congress adjourns during that 10 day period (congress isnt in session)