Separation of Powers Flashcards
Presidential Powers
- Veto
- Appointment
- Pardon
- Commander in Chief
- Treaty
- Executive Order/ Agreement
Veto Powers
President has the power to VETO
Presidential Appointment Power
power to appoint ambassadors, judges, HEADS of agencies (sec of state, etc)
Joint Appointment Power
Congress MAY appoint members when that agency has NO regulatory power or rule-making authority (i.e. committee that can’t make any rules)
- recommend, study, research, etc
Presidential Pardon Power
- absolute power of the President
- can only pardon FEDERAL crimes
President is Commander-in-Chief
President can Command Troops to move here or there, but CANNOT declare war (congress can do it)
President Treaty Power
President has the power to enter into treaties
Treaty Conflict
If treaty and federal law conflict, the LAST IN TIME prevails
Executive Order vs. Executive Agreement
Executive Order*: domestic
Executive Agreement: Foreign
*Constitutional as long as they do not conflict/supersede Congress
Congressional Powers
- Tax & spend
- commerce clause
- declare war
- foreign affairs
- aliens
- coin money
- federal land
Congressional Taxing Power
can tax us “to raise revenue for the general welfare”
*as long as it’s for a good purpose, it’s constitutional. cant please everyone!!!
Congressional Spending Power
can spend as long as “for the general welfare”
Commerce Clause
- Congress had broad power to regulate interstate commerce
- enormous power regulating the making, manufacturing, shipping of a widget sold in the country (plenary authority)
War Power
Congress can declare WAR
Foreign Affairs
Congress has the Primary Authority over foreign affairs
*can work together with the President sometimes
