4.2 SOP

Success in separation of powers questions hinges on identifying the specific power at play based on [..1..], understanding its definition and [..2.], and selecting the answer choice that directly addresses that [..3..]

• the facts

• limitations

• power

The President possesses the power to […] legislation passed by Congress. However, Congress may override it.

veto

The veto power is an exclusive […] check on legislative action.

Presidential

T/F: A federal court has the authority to veto a bill passed by Congress.

F

The President has the exclusive power to appoint what kind of officials?

high-level officials

Congress may appoint [..1..] officers, but these officials typically lack what 2 kinds of power?

inferior, regulatory, executive

The President exclusively appoints officials who will wield [..1..] or [..2..] authority.

executive, regulatory

The President's pardon power is absolute but is strictly limited to […] offenses.

federal

T/F: The President has the authority to pardon an individual for a state law violation.

F

As Commander in Chief, the President directs the military but cannot […]

declare war

The power to declare war belongs exclusively to […]

Congress

The President has the power to make treaties "by and with the advice and consent of the [..1..]" which must approve a treaty with a [..2..] vote before it can be ratified by the President.

Senate, two-thirds majority

If a treaty conflicts with a federal statute, the one enacted or ratified […] in time prevails.

last

The power to remove executive branch appointees generally rests with the […]

President

Executive orders pertain to [..1..] matters.

Executive agreements pertain to [..2..] matters.

domestic, foreign

Executive orders and agreements are impermissible if they expand, conflict with, or create new […] law.

federal

Congress's power to tax must be for the purpose of raising [..1..]

Congress's power to spend must be for the [..2..]

revenue, general welfare

The Commerce Clause grants Congress plenary power to regulate activities that affect […] commerce.

interstate

Plenary means what?

Unqualified

If a congressional statute concerns business or economic activity, the […] is often the source of Congress's power.

Commerce Clause

The exclusive power to declare war and provide for the national defense is vested in […]

Congress

Congress has plenary power to legislate on matters of SIN:

• status of aliens

• immigration

• naturalization

The exclusive power to coin money and regulate its value belongs to […]

Congress

Congress exercises legislative jurisdiction over all land and property owned by the […]

federal government

When Congress delegates its legislative powers, it must provide […] to guide the delegee's use of that power.

intelligible principles

T/F: A delegation of power from Congress is constitutional even if it lacks any guidelines or limitations.

F

The Necessary and Proper Clause is an […] clause that helps Congress execute its other enumerated powers.

enabling

A law justified under the Necessary and Proper Clause must be linked to one of Congress's specific, […] powers.

enumerated