Separation of Powers Flashcards
Presidential Powers
- Veto
- Appoint ambassadors, judges, heads of agencies (but CONGRESS may appoint members when the agency has NO regulatory or rule-making authority)
- Presidential Pardon Power
- Commander-In-Chief
Presidential Powers
- Veto
- Appoint ambassadors, judges, heads of agencies (but CONGRESS may appoint members when the agency has NO regulatory or rule-making authority) - HYPO: 9/11 recovery crew, debt recommendation committee
- Presidential Pardon Power - ONNLY FEDERAL CRIMES
- Commander-In-Chief - CANNOT declare war.
- Presidential Treaty Power
- Executive Order (Domestic) – CANNOT conflict or supersede Congress
- Executive Agreement (Foreign)
Presidential Treaty Power
If treaty & federal law conflict – LAST IN TIME prevails
Legislative Powers
Taxing
Spending
Commerce
War
Foreign Affairs
Aliens
Coin Money
Federal Land
When can congress tax?
If it raises revenue for the general welfare
They’re always going to give you a statute. Read the statute, they will tell you about their intent.
When can congress spend?
If the spending is for the general welfare
Commerce clause
Congress is passing a law about regulating, making, shipping, selling any product, widget, good, etc.
Regulating – passing law affecting something a good, widget, a business – commerce clause question.
“plenary”
Declare War
Congress has the power to declare war
Delegating Congressional Power
Congress can delegate power to president if it comes with some sort of guidelines or limitation
Necessary and Proper Clause
Must be linked with a certain enumerated power