Separation of Powers

Question 1

The Enumerated Powers of Congress are:

Answer 1

Commerce, taxing, spending, declaring war and raising an Army, Navy and Militia

Question 2

The Enabling Clauses are which 3 amendments and allow Congress to do what?

Answer 2

13th, 14th, and 15th Amendments.

Allows Congress to prohibit anything that these Amendments prohibit.

Question 3

The Necessary and Proper Clause allows Congress:

Answer 3

to enact laws necessary and proper to carry out its other powers.
*Usually necessary and proper will only be correct on MBE if it is in conjunction with another power.

Question 4

The Commerce Power allows Congress to regulate:

Answer 4

Channels and istrumentalities of interstate commerce, as well as activities that substantially affect interstate commerce

Affectation doctrine: Congress has the power to regulate any economic activity, whether carried on in one state or many, that ha a substantial affect (whether directly or indirectly) upon interstate commerce.

Question 5

The Commerce Power cannot be used to regulate:

Answer 5

intrastate non-economic activity

Question 6

Taxing Power: A tax imposed by Congress is valid if it falls within one of three categories:

Answer 6

Objective: Does the tax in fact objectively raise revenue?
Subjective: Does Congress subjectively intend to raise revenue?
Regulatory - use it to regulate behavior.

Question 7

The Spending Power allows Congress to spend for:

Answer 7

The general welfare

*Don’t say something is unconstitutional b/c it is not for the general welfare - usually always for the general welfare.

Question 8

War & Defense Power allows Congress to:

Answer 8

Declare war, raise an Army (including Air Force) and Navy, and Militia.

Question 9

During Wartime, Congress may:

Answer 9

Enact military draft, impose price controls, and civilian exclusion from designated areas

Question 10

Congress may place a condition on a state’s receipt of federal funds if:

Answer 10

For the general welfare;
Unambiguous; 
Related to the federal program
Not unconstitutional
No coercion

Question 11

How can Congress bypass the Commerce clause to regulate things such as public schools?

Answer 11

By using the spending power to offer money to the schools if they agree to implement standardized testing (or other appropriate measure).

Question 12

Other powers of Congress:

Answer 12

Immigration and Naturalization
Investigatory power
Property Power
Power of Eminent Domain
Admiralty and Maritime Power
Bankruptcy Power
Postal Power
Copyright and Patent Power
Speech and Debate Clause

Question 13

President’s Removal Power of:

1) Executive Officials
2) Executive Officials with fixed terms
3) Federal Judges
4) Special Prosecutor

Answer 13

1) Exec. officials: President can remove for any reason (ex: an ambassador or cabinet member)
2) Exec. officials with fixed terms: Need cause (ex: member of the Federal Trade Commission)
3) Federal Judges: Only by impeachment
4) Special Prosecutor: President cannot remove

Question 14

Veto Process:

Answer 14

President has 10 days to sign or reject a bill. If no decision, the bill becomes law.

Question 15

Pocket Veto:

Answer 15

If Congress’s term expires, there is a veto through inaction.

Question 16

Congress may override a Presidential veto with:

Answer 16

A 2/3 vote.

Question 17

Two unconstitutional vetoes:

Answer 17

Line-item veto: President must approve and veto all laws together; cannot pick and choose.
Legislative veto: The law is “x” but Congress tries to change it without the President’s signature.

Question 18

Limitations on Presidential pardons:

Answer 18

President can only pardon for offenses against the United States (and not state law offenses)
Cannot undue an impeachment to restore someone to power

Question 19

Absolute executive privilege:

Answer 19

National Security Secrets

Question 20

Presumptive Executive Privilege:

Answer 20

Other confidential communications. Balance the governmental interest vs president’s privacy (Think Nixon, Watergate tapes).

Question 21

Treaties:

1) The president can make a treaty with a ___ vote from the Senate.
2) Treaties prevail over an earlier ____ _____ if conflicting.
3) Treaties always trump ___ _____.

Answer 21

1) 2/3 vote
2) Federal Statute
3) State statute

Question 22

Does an Executive Agreement need to be ratified?

Answer 22

No.

Question 23

Does an Executive Agreement trump federal law?

Answer 23

No - federal law trumps.

Question 24

Does an Executive Agreement trump state law?

Answer 24

Yes.

Question 25

The sole power to impeach is with the:

Answer 25

House of Representatives. Majority vote needed.

Question 26

For an impeachment trial, who conducts the trial and what vote percent vote does it take to convict and remove?

Answer 26

Senate conducts the trial, need a 2/3 vote for removal.

Question 27

The States’ power is limited for some exclusive federal powers:

Answer 27

Coin money; make treaties; conduct foreign affairs; have an army

Question 28

Anti-Commandeering Doctrine:

Answer 28

The Federal gov’t cannot make states act in their Sovereign capacities.

*10th Amendment would also be a correct answer for this.

Question 29

Congress can appoint officials to its legislative committees but cannot appoint members to:

Answer 29

any agency or commission with administrative powers.
Ex: An attempt to vest the power to appoint members of the Federal Elections Commission in the speaker of the House of Representatives was held unconstitutional.

Question 30

The President has the power to nominate high-level officials such as cabinet members, ambassadors and heads of agencies, but _____ has the power to confirm or reject the President’s nominees.

Answer 30

Senate.

Question 31

Congress can delegate the appointment of “inferior” officers (including special prosecutors) to:

Answer 31

The president; the judiciary; or heads of departments