Separation of Powers Flashcards

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1
Q

Presidential Powers

A
  • 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
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1
Q

Presidential Powers

A
  • 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)
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2
Q

Presidential Treaty Power

A

If treaty & federal law conflict – LAST IN TIME prevails

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3
Q

Legislative Powers

A

Taxing
Spending
Commerce
War
Foreign Affairs
Aliens
Coin Money
Federal Land

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4
Q

When can congress tax?

A

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.

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5
Q

When can congress spend?

A

If the spending is for the general welfare

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6
Q

Commerce clause

A

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”

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7
Q

Declare War

A

Congress has the power to declare war

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8
Q

Delegating Congressional Power

A

Congress can delegate power to president if it comes with some sort of guidelines or limitation

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9
Q

Necessary and Proper Clause

A

Must be linked with a certain enumerated power

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