7. The Administrative State

Question 1

What is it when Congress aggrandizes or enchroseson the balance of power?

Answer 1

o Aggrandizement – Congress unreasonable enlarges a single branch’s powers at the expense of the other branches
o Encroachment – occurs when Congress enacts law that undermines the authority

Question 2

Is Congressional delegation to a commission unconstitutional?

Answer 2

No, unless that commission performs a duty that is better handled by another branch of government Mistretta v Unitesd States

Question 3

What did the Crtin wright case establish?

Answer 3

The Congress can delegate its negotiation power to the President and that both the President and Congress must participate in forming treaties

Question 4

Who has war powers?

Answer 4

Congress has sole discretion to declare war, but the operation of it is left to the president, and the President is authorized to unilaterally resist invasion Prize case

Question 5

What is the Speech/Debate clause immunity?

Answer 5

Legislators are legally immune from statements made during the proper course of debates on the Congressional floor. Gravel Case

Question 6

What is executive privilege?

Answer 6

The President is immune from federal civil suits while in office. Moreover, privilege must yeaild to the demands of justice in a criminal investigation. US v Nixon