Separation of Powers Flashcards
What are the Presidential Powers?
- Veto Power
- Presidential Appointment Power
- Joint Appointment Power
- Presidential Pardon power
- Commander-in-Chief
- Presidential Treaty Power
- Executive Order and Executive Agreement
Veto Power
President has the power to VETO
Presidential Appointment power
The power to appoint ambassadors, judges, heads of agencies
If congress is trying to veto something
then it is unconstitutional and the alarm bells should be sounding in your head
Joint Appointment Power
CONGRESS may appoint members (not heads) of a government body when the body has NO regulatory or rulemaking authority
Presidential Pardon power
Absolute power of the president BUT only for federal crimes not state crimes
Commander-in-Chief
President can Command Troops BUT CANNOT declare war
if the president tells the Army to go invage a country, what words can the president not say?
‘we are declaring war’
Treaty power
president has the power to make a treaty
Treaty Conflict
If treaty and federal law conflict - LAST IN TIME prevails
Executive order and executive agreement
executive order = domestic
vs.
executive agreement = foreignconst
constitutionality of executive orders
CANNOT conflict or supersede Congress
Congressional Powers
- tax and spend
- Commerce clause
3, declare war - foreign affairs
- aliens
- coin money
- federal land
- agencies
Congressional Taxing Power
‘to raise revenue for the general welfare’
Congressional spending power
spending must be ‘for the general welfare’
Commerce clause
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
examples of effects of the commerce clause
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
War power
congress can declare war
Foreign affairs
Congress has the Primary Authority
Aliens
congress has the power over non-citizens
coin money
congress has the power to coin (print) money
federal land
congress has the power over federal land including Washington DC
includes parks, monuments
Agencies
Congress can create agencies and delegate its powers to them
Delegation of powers def:
- congress CAN delegate powers (like regulatory auth) to agencies
- MUST include adequately specific guidelines and limitations for the agency
Necessary and Proper Clause
whatever is ‘necessary and proper’ to enact the enumerated powers (ie; nec. and proper clause must be linked to an enumerated power)
