Seperation of powers

Question 1

President’s power to issue an order

Answer 1

the president’s power, if any, to issue the order must stem either from an act of congress or from the constitution itself - Black J.

Question 2

What are jackson’s three catagories for presidental action?

Answer 2

• When the president acts pursuant to an express or implied authorization of congress, his authority is at its maximum.
• in absence of either a congressional grant or denial of authority he can only rely on his own independent powers.
• If measures are incompatable w/ the will of congress he can only rely on his constitutional powers minus any powers congress has over the matter.

Question 3

What are the forms of presidental lawmaking?

Answer 3

• Delegation (from executive agaencies to congress)
• executive orders
• Executive agreements (between executive branch & foreign nations)

Question 4

intelligible principle rule

Answer 4

When authorizing the executive branch to act, Congress must provide it with an “intelligible principle” upon which to base its regulations.

Question 5

Who is absolutly immune from civil damages for official acts?

Answer 5

The president and a few select officers

Question 6

Is the president immune from state court subpeona?

Answer 6

No

Question 7

Absolute immunity

Answer 7

Protects an official even for egregious or intentional constitutional violations

Question 8

Qualified immunity

Answer 8

permitting liability only for violations of “clearly established” rights of which a reasonable person would have known. This is the norm.

Question 9

Treaties v. Executive agreements

Answer 9

Treaties require approval from congress

Question 10

State soverign immunity

Answer 10

When a private party asserts a claim against a state, the court should generally dismiss this claim as barred by state soverign immunity to suit.