Week 6

Question 1

What is a line-item veto? And why is it unconstitutional?

Answer 1

A veto power that allows the executive to cancel specific parts of a bill (usually spending provisions) while signing into law the rest of the bill.

Court ruled in Clinton v. NYC that vetos are only allowed for the whole bill and not parts of the bill. Also, the line-item veto was a separation of power concern because POTUS was essentially amending finalized laws unilaterally. Only Congress can amend laws. Therefore, the line-item veto is unconstitutional.

Question 2

Appointments and removals are usually what kind of Constitutional issue?

Answer 2

Separation of Powers

Question 3

What are the 3 kinds of federal employees and how can they be removed from office?

Answer 3

1. Principal Officers: Impeachment
2. Inferior Officers: Methods other than impeachment
3. Standard employees: They def don’t have to be impeached lol

Question 4

What is the test for a removal of an inferior officer?

Answer 4

Does the removal restriction impede on POTUS’s ability to perform their duty.

Question 5

How many level of “just cause” removals is constitutionally allowed?

Answer 5

One and no more.

Question 6

Is the Qualifications Clause exclusive? Why?

Answer 6

Yes it is. For the sake of national uniformity

Question 7

Define Congressional Privilege

Answer 7

Members of Congress in all cases, except treason, felony, and breach of peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any Speech and Debate in either House, they shall not be questioned in another other place.

Article 1 Section 6

Question 8

What kind of privilege do legislative aids receive?

Answer 8

Same protections as the Congressional member they work for.

Question 9

Are comments made outside of a Congress person’s legislative duty covered under the Speech and Debate clause?

Answer 9

No.
Examples: Future Legislative acts and comments to the media.

Question 10

What is the rule for Executive Privilege in Civil Cases?

Answer 10

Due to the less urgent nature of civil matters, the judiciary’s interests are inherently less important in these cases than in criminal ones. As a result, the needs of POTUS can more easily outweigh the needs of the courts. A balancing test is used. Executive privilege does not need to be asserted for it to apply.

Question 11

Can former POTUS assert Executive privilege?

Answer 11

Yes.

Question 12

What is executive immunity?

Answer 12

POTUS is immune from judicial proceedings during their presidency because it would be an impediment to their responsibilities.

Question 13

When does POTUS have executive immunity?

Answer 13

Civil cases that arise from official duties

Question 14

When does POTUS NOT have executive immunity?

Answer 14

1. Writ of Mandamus cases
2. Subpoenas for Criminal Cases: Federal, State, and Congressional
3. In unofficial duties

Question 15

What type of immunity to Presidential aids have?

Answer 15

Qualified. Objective test where if aid violates a statutory or Constitutional right that they should have reasonably known about then they don’t have immunity.

Question 16

4 factor test for Constitutionality of a Congressional Subpoena?

Answer 16

(1) carefully assess if Congress has a good reason (2) subpoena is narrow in scope
(3) subpoena has a valid legislative purpose
(4) amount of burden on POTUS.

Question 17

Define Legislative Veto

Answer 17

A provision that allows a congressional resolution (passed by a majority of congress, but not signed by the President) to nullify a rulemaking or other action taken by an executive agency.

Question 18

Define one house legislative veto

Answer 18

Only one house of Congress needs to pass a resolution to nullify action by an executive agency.

Question 19

What category of federal officer is a special counsel and why don’t they need to be impeached?

Answer 19

Inferior officer.

1) Temporary role
2) A Principal Officer could fire them (AG)

Question 20

Are Congressional term limits imposed without a Constitutional amendment Constitutional?

Answer 20

No, because they violate the Qualifications Clause.

Question 21

What does the the Qualifications Clause state?

Answer 21

House of Rep must be 25, a US citizen for 7 years, and must be resident of the State he is elected to serve.

Senators must be 30, be a citizen of the US for 9 years, and be a resident of the State he is elected to serve.

Question 22

Why is a one house legislative veto unconstitutional?

Answer 22

1. Violates Presentment Clause
2. Violates Bicameralism

Question 23

Why is there no absolute executive immunity in criminal cases?

Answer 23

Because the President’s need to be free from distractions is outweighed by the court’s need to administer justice. Also there is a long history of US Presidents complying with subpoena requests.