Separation of Powers

Question 1

SEPARATION OF POWERS

Definition

Answer 1

One Branch cannot encroach on another branch’s power

Question 2

SEPARATION OF POWERS

Executive Powers

Answer 2

• Pardon (must be a federal crime)
• Veto
• Appointment (appoint ambassadors, judges, any one with executive power (aka, can make rules, issue regulations, or prosecute)

But Congress can appoint (or appoint together with the President) If not executive power

• Commander In Chief (power to send troops anywhere)
• Executive Order (domestic) – If there is no federal law on the issue (federal law will always supersedes executive order)
• Executive Agreement (foreign)

Question 3

SEPARATION OF POWERS

Legislative Powers

Answer 3

• Interstate Commerce

(Goods – making, selling, shipping, etc)
Broad power

• Taxing

If tax reases revenue for the general welfare

• Spending
• Coin Money
• Federal Lands

DC, federal monument, federal parks  Congress has power over it

• War

Power to declare war (BUT president can move troops!)

Question 4

SEPARATION OF POWERS

Judicial

Answer 4

• Original Jurisdiction

(Congress cannot enlarge or restrict original jurisdiction)

VS.

• Appellate Jurisdiction

(Congress can make exceptions and regulations for appellate jurisdiction)

• Supreme Court

VS.

• Lower Fed. Courts

(Congress has jurisdiction over the lower Fed Court – Can create new courts)

Question 5

SUPREMACY CLAUSE

Answer 5

When Fed law conflicts (Opposites) with State Law, Federal Law wins.

• Look for 2 statutes in fact pattern
• If same issue, can state law be stricter? Yes (but not less stricter)  State has police power

Question 6

STATE’S RIGHTS

Answer 6

10th Amendment

• When no fed law on subject, State can exercise Police Power to provide for the health, safety, and welfare of citizens. There is NO FEDERAL POLICE POWER
• There is no FEDERAL POLICE POWER  Cannot pass law for the general welfare - Can only Tax and Spend

Question 7

COMMANDEER RULE

Answer 7

Congress shall not command a State to do anything [Focus on “Require”, “Obligate”]

Question 8

PRIV & IMMUNITIES CLAUSE

Answer 8

– When one state discriminates against
residents of another state

• State passes a law that discriminate against non-residents
• Citizens = EQUAL PROTECTION
• Non-Residents = P&I Clause