Separation of Powers

Question 1

congressional power: commerce power

congress can regulate-

Answer 1

coannels of interst commerce
instrumentalities of interstate commerce
activities that “substantially affect” interst comm

Question 2

congressional power: commerce power
activities that “substantially affect” interst comm
related doctrines

Answer 2

affectation doc: subs effect whether directly or indirectly on interst comm. must be eco activity

cumulative effect doc

Question 3

congressional power: taxing power

Answer 3

collect taxes, duties, etc
to pay debts
and provide for the common defense
and general welfare
-tax is usu valid if it is a revenue raising measure

Question 4

congressional power: spending power

Answer 4

must be exercised for the general welfare of the us

Question 5

cong powers:

under war and defense powers, cong can–

Answer 5

declare war
raise and support armies
provide and maintain a navy
organize, arm, discipline, and call forth a militia

Question 6

cong powers: investigatory power

comes from-

Answer 6

nec and proper clause

can conduct investigations that are nec and prop to enact legis

Question 7

cong powers: power of eminent domain comes from –

Answer 7

not expressly given in cons
implied in aid of all other powers granted to fed
must give just compensation

Question 8

cong power: spending power

cong may place a condition on the receipt of fed funds by a st if:

Answer 8

spending serves the gen welfare
condition isunambiguous
cond relates tot he fed prog
st not req to take uncons action
amnt in q is not so great as to be coercive

Question 9

executive power: chief exec enumerated powers are-

Answer 9

appointment power
removal power
veto power (10d)
pardon power
exec priv

Question 10

enumerated powers: exec power: exec priv def

Answer 10

pres has abs priv to refuse to disclose info relating to military, diplomatic or sensitive national security secrets

Question 11

con powers: civil war amendments

Answer 11

13: bans slavery
14: DP, EP, priv and imm- sts can’t violate
15: bans discrim in voting rights

Question 12

exec powers: pres has control over international affairs. 2 ways to exercise

Answer 12

treaty power

executive agreements w foreign nations

Question 13

3 exec powers

Answer 13

chief exec
commander in chief
international affairs

Question 14

exec power: treaty vs us cons

Answer 14

cons

Question 15

exec power: treaty vs fed law

Answer 15

last in time

Question 16

exec power: treaty vs st law

Answer 16

treaty

Question 17

exec power: exec agreement vs us cons

Answer 17

cons

Question 18

exec power: exec agreement vs fed law

Answer 18

fed law

Question 19

Congress can limit pres’s power with regard to foreign affairs by –

Answer 19

within its cons pwrs, cong can block pres from acting

Question 20

Congressional limits on exec power: impeachment power

Answer 20

Senate trys impeachments. 2/3 vote req

HOR impeaches

Question 21

exec power: exec agreement vs st law

Answer 21

exec agreement

Question 22

where cong by legis explicitly directs pres to spend appropriated money,

Answer 22

pres has no power to impound the authorization of such funds.

Question 23

Congressional limits on exec power: legislative veto

Answer 23

not allowed: cong enacts a law saying cong can change the law without a new cong vote or pres sig

Question 24

pres limits on cong

Answer 24

every act must be signed by pres

if disproved, cong needs 2/3 vote in each house

Question 25

judicial limits on cong and pres

Answer 25

fed judiciary is the ultimate arbiter of cases whose disposition depends on construction of: cons, act of cong, fed treaty