Separation of Powers

Question 1

Congress enumerated powers are…

Answer 1

1. tax and spend
2. borrow money on credit
3. regulate commerce w/ foreign nations and between states
4. declare war
5. raise and support the armed forces

Question 2

Congress’s implied powers under the necessary & proper clause is…

Answer 2

1. the power to make all laws necessary and proper or carrying into execution the foregoing powers

Question 3

What gives congress the power to enforce the 13th, 14th, & 15th amendments?

Answer 3

The enabling clauses of those legislations

Question 4

Under the Commerce power Congress can regulate…

Answer 4

1- channels of interstate commerce

2- instrumentalities of interstate commerce

3- activities that substantially affect interstate commerce

***includes the affectation doctrine (economic activities) & cumulative effects doctrine

Question 5

To use its commerce clause power under the substantial effects test, congress must show..

Answer 5

1- activity is economic in nature

2- that the regulated act taken cumulatively has a substantial effect on interstate commerce

***can be used to uphold laws aimed at barring racial discrimination in activities connected w/ interstate commerce

Question 6

10th Amendment

Answer 6

1. prevents congress from interfering with a state’s lawmaking processes by directly compelling them to enact or enforce a federal regulatory program

Question 7

When should a congressional act purporting to be a tax be held valid?

Answer 7

1- (objective test) If it raises revenue

2- (subjective test) if it was intended to raise revenue

***in general, any tax is valid if it has a revenue-raising measure

Question 8

Can congress use taxes to regulate activity?

Answer 8

Yes, as a necessary and proper means so long has congress has the power to regulate the activity taxed.

Question 9

Congress’s spending power must be exercised for…

Answer 9

the general welfare of the USA

Question 10

Congress can require states to comply with specified conditions for qualify for federal funds if:

Answer 10

1- the spendings serves the general welfare

2- the condition is unambiguous

3- the condition relates to the federal program

4- the state isnt required to take unconstitutional action

5- the money isnt coercive

Question 11

Under the War & Defense Powers, Congress may…

Answer 11

1- declare war

2- raise and support armies

3- provide and maintain a navy

4- organize and discipline a militia

***congress may establish military courts and tribunals

Question 12

What are Congress’s investigatory powers?

Answer 12

Through the necessary and proper clause, congress may conduct investigations incident to its legislative powers

Question 13

Congress’s power of eminent domain

Answer 13

1. power of eminent domain is implied , but is limited by the 5th amendments due process and must include just compensation.

Question 14

Congress & Enforcement of the Civil War amendments

Answer 14

13th amendment- banning slavery (state action OR private individual)

14th amendment- prohibits states from violating protections relating to DPC, EP, & PI (requires state action)

15th amendment- prohibits states from discriminating in voting rights (requires state action)

Question 15

President’s Appointment Power…

Answer 15

Article II allows the president with the advice and consent of the senate, to appoint all ambassadors, public ministers & consuls, judges an other appointments

***congress may not appoint members to any agency or commission with admin powers

Question 16

Congress can delegate the appointment of inferior officer to

Answer 16

1- the president

2- the judiciary

3- heads of departments

Question 17

President’s Removal Powers

Answer 17

1. The president can remove any cabinet member without cause

2. The president must have cause to remove executive officers with fixed terms and officer in a quasi-judicial function

Question 18

Congressional Legislation & Presidential Power

Answer 18

1. President can only exercise powers expressly or impliedly granted by the constitution
2. If congress validly exercises a power that overrides the president, Congress prevails

Question 19

Presidents impeachment Powers

Answer 19

1. president may grant reprieves and pardons for offenses against the USA; not impeachment.

Question 20

Executive Privilege

Answer 20

1. communications between the president and his advisors are privileged UNLESS they are subpoenaed as evidence in a criminal trial

Question 21

President’s Military Powers

Answer 21

1. The president can deploy military forces w/o a formal declaration of war in response to an attack upon the USA
2. can seize private property during war time unless Congress denies him the power
3. Pres cannot declare war

Question 22

President’s Treaty Power

Answer 22

1. Pres can make treaties w/ foreign nations with the advice and consent of the senate

Question 23

President’s Executive Agreement Powers

Answer 23

President’s executive agreements don’t need to be ratified by the senate and prevail over inconsistent state laws, but fail against statutes

Question 24

Impeachment

Answer 24

1. The house the sole power to impeach

2. The senate has the sole power to try impeachments

Question 25

Are legislative vetoes constitutional?

Answer 25

No, they violate the requirements of bicameralism and presentment

Question 26

Congress’s appropriation Power over the president

Answer 26

If congress passes a law requiring the president to spend appropriated money, , the president must comply.

Question 27

Pyramid of Power in US Law

Answer 27

US constitution > Treaties & Fed. Statutes > Executive Orders & Agreements > State Constitutions > State Laws & Ordinances