Separation of Powers (President vs. Congressional Powers)

What can Congress do?

What can Congress do?

Delegate their power to the President

Do what is necessary and proper to execute their congressional powers

Establish lower courts and jurisdictions

Determine what KIND of cases or the SCOPE of what the Supreme/Lower courts can hear on review

What Congress CANNOT DO [8 things]

1. CANNOT enlarge or restrict ORIGINAL jurisdiction - cannot send a case DIRECTLY to the Supreme Court

2. CANNOT tell the the Supreme Court what to do

3. CANNOT pass laws that discriminate against individuals (5A - SDPC)

4. CANNOT pass a law that IMPOSES PENALTIES on SPECIFIC individuals or groups of people (NO bill of attainders)

5. CANNOT pass laws for general health, safety, welfare. ONLY STATES can pass laws for general health, safety, and welfare

6. CANNOT be sued for tort liability for statements made on the floor on Congress. PROTECTS LAW CLERKS WORKING ON IT TOO

7. CANNOT limit president’s power to appoint ambassadors (can’t give him a list to pick from)

8. CANNOT PUT CONDITIONS ON RECEIPT of federal funds

The President MUST

Take care and abide by laws created by Congress

President’s Powers [6 powers]

1. Vetos laws

2. Commands the Army

3. Make Executive Agreements (Treaties) and Executive Orders (domestic)

4. Pardon Federal Crimes - can only pardon FEDERAL CRIMES, NOT STATE CRIMES

5. Represent U.S. in Foreign Affairs

6. The present appoints ANYONE WITH REGULATORY POWERS and creates commissions with the advice and consent of the Senate

Who has regulatory power and must be appointed by the President?

Judges, ambassadors, heads of agencies

Congress can appoint who?

Lower level employees WHO DO NOT HAVE REGULATORY POWER - cannot make rules, prosecute, or regulate

Removal of Appointees

President may remove appointees without consent of the Senate

Congress CANNOT remove appointees or condition appointees removal on their approval

President cannot automatically?

Cannot automatically appoint nominees. Congress MUST consent or waive

Congress’s Powers [8 powers]

1. Tax and Spend - must tax and spend for the general welfare. Ability to tax is plenary and a tax measure if upheld if it’s goal is generating revenue

2. Regulate interstate commerce/commercial activity. Congress can regulate shipping, selling, or making any product. If Congress specifically passes a federal statute that gives a city regulatory authority, it removes any constitutional impediments to it that MAY have otherwise existed

3. Most things foreign including declaring war and regulating immigrants

4. Coin money

5. Federal land (including DC)

6. Provide Uniform Rules of Bankruptcy

7. Create lower courts

8. Pass laws that regulate property in the US