Seperation of Powers

Question 1

Once a congressional appropriations bill becomes law, the president must:

Answer 1

Spend the appropriated funds as specifically directed in the law.

Question 2

What is the speech and debate clause for Congress members?

Answer 2

The speech and debate clause immunizes members of Congress from criminal and civl liability for official legislative activities - eg speeches given on the House of the Senate floor, conducting investigations, drafting legislation.

Question 3

Indirect taxes like sales tax can be imposed by congress if:

Answer 3

If it is applied equally in every state AND reasonably related to revenue production.

Such taxes cannot violate any other const. provisions.

Question 4

The supremacy clause est. that fed law takes precedence over conflicting state law so long as it is a valid exercise of Congress’s enumerated powers which are:

Answer 4

• taxing and spending
• interstate and foreign commerce
• war, armed forces
• coin and borrow money
• mail
• fed courts
• bankruptcy!
• ETC

Question 5

Congress can delegate incidental legislative powers top federal agencies if it provides an intelligible principle-

Answer 5

Which is a clear statement defining:
1. the policy Congress seeks to advance
2. the agency to carry out that policy
AND
3. the scope of that agency’s authority.

Question 6

The commerce clause empowers Congress to regulate: (3)

Answer 6

1. channels and instrumentalities of,
2. persons and things moving in, AND
3. in- state activities that - singly or in the aggregate- substantially affect interstate or foreign commerce.

Question 7

What type of tax is congress not allowed to issue, because it is unconstitutional?

Answer 7

Congress can never impose taxes on exported goods or on services and activities closely related to the export process.

Question 8

The President has the power to appoint federal judges with the Senates’s advice and consent, BUT the congress has the sole power to:

Answer 8

Impeach and remove fed. judges for treason, bribery, or other high crimes and misdemeanors

Question 9

The 13th amendment prohibits what two things?

Answer 9

1. prohibits all gov. and private entities from engaging in slavery or involuntary servitude
   AND
2. empowers Congress to ban any type of racial discrimination that can reasonably be viewed as a badge or incident to slavery.

Question 10

Conditional federal funding is valid if the conditions (4)

Answer 10

1. are clear and unambiguous
2. are reasonably related to the purpose for which the funds are expended
3. do not require recipients to engage in unconstitutional activity
   AND
4. are not unduly coercive.

Question 11

Youngstown framework and Article 2 powers of the president