Separation of Powers Flashcards
(17 cards)
What are the presidential powers?
- Veto
- Appointment
- Pardon
- Commander in Chief
- Treaty
- Executive Orders
Appointment Power
The president has the power to appoint heads of agencies, administrative & regulatory authority.
Presidential Pardon Power
Absolute power of the president
Can only pardon federal crimes
Commander in Chief
The President is the commander in chief which means that they can move troops and seize property, but they cannot declare war.
Treaty Power
President has the power to enter into treaties.
BAR TIP
Sometimes there will be fact patterns that entering into the treaty will conflict with federal law.
“Last in time will prevail” “Done last”
Executive Order
Anything the President does that is domestic
Executive Agreements
Anything that the President does that is international
“foreign”
Joint Appointment Power
Congress may appoint members when the agency has no regulatory or rulemaking authority
Congress - Taxing Power
Congress can raise taxes for the general welfare
Congress - Spending Power
Congress can spend money as long as its for the public good “the general welfare”
Commerce Clause
Congress has broad power to regulate commerce
BAR TIP
This is triggered by “congress is regulating, passing a law, that affects any kind of making, manufacturing, shipping, selling etc.. of a product”
Declaration of War
Congress has the power to declare war
Foreign Affairs
Congress has the primary authority of foreign affairs.
Coin Money
Congress has the power to print and regulate money
Federal Land
Congress has the power to regulate federal land including D.C
Can congress delegate powers to the President?
Yes, but it needs to include guidelines and/or limitations for the President to follow it.
Necessary & Proper Clause
Congress can do anything that’s necessary and proper to execute one of their enumerated powers.
BAR TIP
Link this to enumerated powers if it does not link then its not allowed.
