Legislative & Executive Power

Congress can act only if there is [..1..] or [..2..] authority in the Constitution

express, implied

State governments can act unless the Constitution [..1..] the action

prohibits

Congress does not have a [..1..] power to legislate for the health safety and welfare of citizens this power is [..2..] to the states

general police, reserved

Under the Necessary and Proper Clause Congress can make all laws [..1..] and [..2..] for executing any power granted to any branch of the federal government

necessary, proper

For a law under the Necessary and Proper Clause it must be [..1..] to the implementation of an [..2..] and not otherwise prohibited by the Constitution

rationally related, enumerated power

The Necessary and Proper Clause is not an [..1..] source of power it must be used in conjunction with another [..2..] federal power

independent, enumerated

Congress has the power to tax to [..1..] for the [..2..]

raise revenue, general welfare

Congress has the power to spend to promote the [..1..]

general welfare

Congress can pass spending measures for any [..1..] not specifically [..2..] by the Constitution

public purpose, forbidden

Congress can [..1..] on federal funds granted to states or other recipients provided the conditions are [..2..] to the [..3..] of the spending and do [..4..] other constitutional provisions

place conditions, related, purpose, not violate

Under the Commerce Clause Congress has the power to regulate the [..1..] of interstate commerce (e.g. highways waterways internet)

channels

Under the Commerce Clause Congress can regulate the [..1..] of interstate commerce (e.g. planes trains automobiles) and [..2..] or [..3..] in interstate commerce

instrumentalities, persons, things

Under the Commerce Clause Congress can regulate activities that have a [..1..] on interstate commerce

substantial effect

To regulate an intrastate activity based on its substantial effect on interstate commerce there must be a [..1..] for Congress to conclude that the activity [..2..] substantially affects interstate commerce

rational basis, in the aggregate

The aggregation principle (cumulative effect) applies if the activity being regulated is [..1..] or [..2..] in nature

economic, commercial

Aggregation is generally not permitted if the activity is [..1..] and [..2..]

non-economic, non-commercial

The President is the [..1..] in [..2..] of the armed forces

commander, chief

The President [..1..] war (this power belongs to Congress)

cannot declare

The President can [..1..] into actual hostilities without a [..2..] of war

deploy troops, formal declaration

The President has power to enter into treaties with foreign nations with the [..1..] and [..2..] of [..3..] of the Senate

advice, consent, two-thirds

Treaties are the [..1..] of the land

supreme law

If a treaty conflicts with a federal statute the one adopted [..1..] in [..2..] prevails

last, time

A treaty [..1..] the Constitution

cannot violate

The President can enter into executive agreements with foreign countries [..1..] ratification

without Senate

Executive agreements are supreme law but are [..1..] conflicting [..2..] and [..3..]

subordinate to, federal statutes, treaties

Under the Take Care Clause the President has the power and duty to [..1..] the laws

faithfully execute

The President appoints [..1..] of the United States (e.g. ambassadors Supreme Court justices cabinet members) with the [..2..] and [..3..] of the Senate

principal officers, advice, consent

Congress may vest the appointment of [..1..] in the President alone the [..2..] of law or the [..3..] of departments

inferior officers, courts, heads

Congress [..1..] itself the power to appoint executive officers

cannot give

The President can remove high-level [..1..] officers (e.g. cabinet members) [..2..]

purely executive, at will

Congress can impose [..1..] (e.g. "for cause" removal) on the President's power to remove [..2..] and officers in [..3..] who have quasi-judicial or quasi-legislative functions

statutory limitations, inferior officers, independent agencies

Congress [..1..] for itself the power to remove an executive officer [..2..]

cannot reserve, except impeachment

A bill passed by Congress must be presented to the President who can [..1..] into law or [..2..]

sign it, veto it

A presidential veto can be overridden by a [..1..] in [..2..] of Congress

two-thirds vote, each house

Under the 10-Day Rule if the President does not act on a bill within 10 days it [..1..] if Congress is [..2..]

becomes law, in session

Under the 10-Day Rule if the President does not act on a bill within 10 days it is [..1..] (a [..2..]) if Congress is [..3..]

automatically vetoed, pocket veto, not in session

The President has no [..1..] veto power (cannot veto specific provisions of a bill while signing the rest into law)

line-item

In the Youngstown Framework when the President acts with [..1..] or [..2..] authorization from Congress presidential authority is at its [..3..] and the action is likely valid

express, implied, MAXIMUM

In the Youngstown Framework when the President acts in the face of [..1..] or [..2..] congressional [..3..] presidential authority is at its [..4..] and the action is likely invalid

express, tacit, disapproval, LOWEST ebb

In the Youngstown Framework when the President acts where Congress has been [..1..] the action is [..2..] unless it [..3..] of another branch or prevents another branch from carrying out its tasks

silent, LIKELY VALID, usurps power

The President [..1..] to spend funds that Congress has [..2..] and mandated be spent for a particular purpose

cannot refuse, expressly appropriated

The President (and other civil officers) can be impeached for [..1..] [..2..] or other [..3..] and misdemeanors

treason, bribery, high crimes

Impeachment requires a [..1..] in the [..2..] of Representatives

majority vote, House

Conviction and removal after impeachment require a [..1..] in the [..2..]

two-thirds vote, Senate

Presidential communications are [..1..] from disclosure under executive privilege

presumptively privileged

Executive privilege is [..1..] and can be overcome by a demonstrated [..2..] for evidence in criminal proceedings

not absolute, specific need

The President's [..1..] and communications [..2..] to official duties are [..3..] by executive privilege

personal papers, unrelated, not protected

The President has [..1..] from [..2..] for [..3..] taken while in office

absolute immunity, civil liability, official acts

Presidential immunity does not extend to [..1..] or conduct occurring [..2..] office

unofficial conduct, before taking