Week 6 Flashcards
What is a line-item veto? And why is it unconstitutional?
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.
Appointments and removals are usually what kind of Constitutional issue?
Separation of Powers
What are the 3 kinds of federal employees and how can they be removed from office?
- Principal Officers: Impeachment
- Inferior Officers: Methods other than impeachment
- Standard employees: They def don’t have to be impeached lol
What is the test for a removal of an inferior officer?
Does the removal restriction impede on POTUS’s ability to perform their duty.
How many level of “just cause” removals is constitutionally allowed?
One and no more.
Is the Qualifications Clause exclusive? Why?
Yes it is. For the sake of national uniformity
Define Congressional Privilege
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
What kind of privilege do legislative aids receive?
Same protections as the Congressional member they work for.
Are comments made outside of a Congress person’s legislative duty covered under the Speech and Debate clause?
No.
Examples: Future Legislative acts and comments to the media.
What is the rule for Executive Privilege in Civil Cases?
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.
Can former POTUS assert Executive privilege?
Yes.
What is executive immunity?
POTUS is immune from judicial proceedings during their presidency because it would be an impediment to their responsibilities.
When does POTUS have executive immunity?
Civil cases that arise from official duties
When does POTUS NOT have executive immunity?
- Writ of Mandamus cases
- Subpoenas for Criminal Cases: Federal, State, and Congressional
- In unofficial duties
What type of immunity to Presidential aids have?
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.
4 factor test for Constitutionality of a Congressional Subpoena?
(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.
Define Legislative Veto
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.
Define one house legislative veto
Only one house of Congress needs to pass a resolution to nullify action by an executive agency.
What category of federal officer is a special counsel and why don’t they need to be impeached?
Inferior officer.
1) Temporary role
2) A Principal Officer could fire them (AG)
Are Congressional term limits imposed without a Constitutional amendment Constitutional?
No, because they violate the Qualifications Clause.
What does the the Qualifications Clause state?
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.
Why is a one house legislative veto unconstitutional?
- Violates Presentment Clause
- Violates Bicameralism
Why is there no absolute executive immunity in criminal cases?
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.
