Separation of Powers

Question 1

Necessary and Proper Clause

Answer 1

must be linked to an enumerated power

Question 2

Can congress delegate powers to the president?

Answer 2

yes, but they have to provide guidelines and limitations

Question 3

Congressional Enumerated Powers

Answer 3

1. Tax & Spend
2. Declare War
3. Commerce clause
4. Coin Money
5. Aliens
6. Foreign Affairs
7. Federal Land

Question 4

Presidential Power List

Answer 4

1. Veto
2. Appointment
3. Pardon
4. Commander in Chief
5. Treaty
6. Executive Order/Agreement

Question 5

Veto Power:

Answer 5

• President has the power to VETO

Question 6

Presidential Appointment Power:

Answer 6

• The power to appoint ambassadors, judges, heads of agencies

Question 7

Joint Appointment Power:

Answer 7

CONGRESS may appoint members when the agency has NO regulatory or rulemaking authority

Question 8

After 9/11, the President appointed the
9/11 Commission to investigate and make recommendations. The President appointed Republicans and Congress appointed
Democrats. What is this an example of?

Answer 8

Congress’ appointment power when there is no regulatory authority of the body

Question 9

Presidential Pardon Power:

Answer 9

Absolute power of the President

• Only pardon FEDERAL crimes

Question 10

Commander-in-Chief:

Answer 10

President can Command Troops, but

CANNOT Declare War

Question 11

If the President tells the Army to go invade a country, what word can the President not say?

Answer 11

declare war

Question 12

Treaty Conflict:

Answer 12

If treaty & federal law conflict – LAST IN TIME prevails

Question 13

Executive Order & Executive Agreement:

Answer 13

Executive Order = Domestic
vs.
Executive Agreement = Foreign

Question 14

Constitutionality of Executive Orders: •

Answer 14

CANNOT conflict or supersede Congress

Question 15

President wants to declare today Jon
Grossman Day. Can the President issue an
Executive Order declaring today Jon Grossman
Day? Can the President make it a national
holiday?

Answer 15

Yes, he can make it JG day but no he can not make it a national holiday because he can not conflict the power of congress to do things that would require Congress like shutting down the post office.

Question 16

Congressional Spending Power:

Answer 16

For the general welfare

Question 17

Commerce Clause:

Answer 17

Congress has broad power to regulate
commerce
• Regulate the making, manufacturing,
shipping of a widget

Question 18

War Power:

Answer 18

Congress can declare war

Question 19

Examples of commerce clause issues

Answer 19

Examples: 
o How much cotton in children’s pajamas 
o How much tint can be in car windows 
o How much rubber in tires 
o How much lead in a pencil

Question 20

Foreign Affairs:

Answer 20

• Congress has the Primary Authority

Question 21

Aliens:

Answer 21

• Congress has the power over non-citizens

Question 22

Coin Money:

Answer 22

Congress has the power to coin money

Question 23

Federal Land:

Answer 23

• Congress has power over federal land
including Washington D.C.
• Parks, Monuments