Separation of Powers

Question 1

What are the Presidential Powers?

Answer 1

1. Veto Power
2. Presidential Appointment Power
3. Joint Appointment Power
4. Presidential Pardon power
5. Commander-in-Chief
6. Presidential Treaty Power
7. Executive Order and Executive Agreement

Question 2

Veto Power

Answer 2

President has the power to VETO

Question 3

Presidential Appointment power

Answer 3

The power to appoint ambassadors, judges, heads of agencies

Question 4

If congress is trying to veto something

Answer 4

then it is unconstitutional and the alarm bells should be sounding in your head

Question 5

Joint Appointment Power

Answer 5

CONGRESS may appoint members (not heads) of a government body when the body has NO regulatory or rulemaking authority

Question 6

Presidential Pardon power

Answer 6

Absolute power of the president BUT only for federal crimes not state crimes

Question 7

Commander-in-Chief

Answer 7

President can Command Troops BUT CANNOT declare war

Question 8

if the president tells the Army to go invage a country, what words can the president not say?

Answer 8

‘we are declaring war’

Question 9

Treaty power

Answer 9

president has the power to make a treaty

Question 10

Treaty Conflict

Answer 10

If treaty and federal law conflict - LAST IN TIME prevails

Question 11

Executive order and executive agreement

Answer 11

executive order = domestic
vs.

executive agreement = foreignconst

Question 12

constitutionality of executive orders

Answer 12

CANNOT conflict or supersede Congress

Question 13

Congressional Powers

Answer 13

1. tax and spend
2. Commerce clause
   3, declare war
3. foreign affairs
4. aliens
5. coin money
6. federal land
7. agencies

Question 14

Congressional Taxing Power

Answer 14

‘to raise revenue for the general welfare’

Question 15

Congressional spending power

Answer 15

spending must be ‘for the general welfare’

Question 16

Commerce clause

Answer 16

congress has the broad power to regulate commerce. Can regulate:
1. interstate commerce
2. people and instrumentalities in commerce channels
3. activites that substantially affect interstate commerce

ie: they can regulate the making, manufacturing, and shipping of a widget

Question 17

examples of effects of the commerce clause

Answer 17

Examples:
oHow much cotton in children’s pajamas
oHow much tint can be in car windows
oHow much rubber in tires
oHow much lead in a pencil
- how many electric cars can be owned

Question 18

War power

Answer 18

congress can declare war

Question 19

Foreign affairs

Answer 19

Congress has the Primary Authority

Question 20

Aliens

Answer 20

congress has the power over non-citizens

Question 21

coin money

Answer 21

congress has the power to coin (print) money

Question 22

federal land

Answer 22

congress has the power over federal land including Washington DC

includes parks, monuments

Question 23

Agencies

Answer 23

Congress can create agencies and delegate its powers to them

Question 24

Delegation of powers def:

Answer 24

• congress CAN delegate powers (like regulatory auth) to agencies
• MUST include adequately specific guidelines and limitations for the agency

Question 25

Necessary and Proper Clause

Answer 25

whatever is ‘necessary and proper’ to enact the enumerated powers (ie; nec. and proper clause must be linked to an enumerated power)