4.2 SOP

Success in separation of powers questions hinges on:

1. Identifying the specific power at play based on [..1..]

2. Understanding its definition and [..2..] AND

3. Selecting the answer choice directly addressing that [..3..]

• the facts

• limits

• power

The President has the power to [..1..] legislation Congress passes. However, Congress may override it with a vote of [..2..] in BOTH the House and the Senate

veto

two-thirds

From the time it is presented to him, the President has [..1..] days (excluding Sundays) to sign a bill Congress passed.

10

If Congress adjourns (ends a session) before the end of the [..1..]-day period for the President to sign a bill, the President can choose not to sign the bill. If so, it will not become law. This is a [..2..]

10

pocket veto

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

Presidential/Executive

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

Congress may appoint [..1..] officers. 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 can remove these kinds of officers at will:

1. […] AND

2. […]

1. high-level

2. purely executive

Congress can impose statutory limitations (e.g., "for cause" removal) on the President's power to remove [..1..] officers and officers in [..2..] agencies who have quasi-judicial or quasi-legislative functions.

inferior

independent

T/F: Congress cannot reserve for itself the power to remove an executive officer, except through impeachment.

T

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

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

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

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

1. revenue

2. 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