Legislative and executive powers Bar Exam Flashcards - Medical Study Cards
Master Legislative and executive powers with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Legislative and executive powers Flashcard Deck - 10 Cards
Flashcard 1: What are executive privilege and the President’s pardon power?
Answer: Executive privilege protects confidential presidential communications involving official duties, but it is qualified and yields to a demonstrated, specific need for evidence in a criminal proceeding. The President may pardon federal offenses, except impeachment, but may not pardon state crimes or future offenses.
Flashcard 2: What is the general rule governing presidential removal of executive officers?
Answer: The President generally may remove executive officers who exercise executive power, but Congress may impose limited removal protections for certain independent officials if they do not unduly interfere with presidential control. Multiple layers of removal protection are generally unconstitutional.
Flashcard 3: What are the constitutional requirements for enacting federal legislation?
Answer: A bill must pass both houses of Congress in identical form and be presented to the President, who may sign it, veto it, or allow it to become law without signature after 10 days (excluding Sundays) while Congress is in session.
Flashcard 4: What is the constitutional rule for a legislative veto?
Answer: A one-house or committee legislative veto is unconstitutional because changing legal rights requires bicameral passage and presentment to the President. Congress must instead enact a statute through the ordinary legislative process to control executive action.
Flashcard 5: What is the nondelegation doctrine governing Congress’s delegation of legislative power?
Answer: Congress may delegate legislative authority if it provides an intelligible principle directing and limiting the delegate’s discretion; this is the prevailing majority rule. The Supreme Court has rarely invalidated a delegation on this ground.
Flashcard 6: What is Congress’s enforcement power under the Fourteenth Amendment?
Answer: Congress may enforce the Fourteenth Amendment by adopting laws designed to prevent or remedy state violations of constitutional rights, but it may not redefine the substantive rights protected by the Amendment. The enforcement must show congruence and proportionality between the injury and the remedy.
Flashcard 7: Who has authority to appoint federal officers, and what is the status of inferior officers?
Answer: The President nominates principal officers and appoints them with Senate confirmation; Congress may vest appointment of inferior officers in the President alone, courts, or heads of departments. An inferior officer is generally supervised by a Senate-confirmed superior and performs limited duties or has limited jurisdiction or tenure.
Flashcard 8: What is the scope of Congress’s commerce power?
Answer: Congress may regulate the channels of interstate commerce, the instrumentalities of interstate commerce and persons or things in interstate commerce, and activities that substantially affect interstate commerce. The power generally does not reach noncommercial intrastate activity based only on its aggregate effects.
Flashcard 9: What is the framework for determining whether presidential action is constitutionally authorized?
Answer: Under the majority framework from Youngstown, presidential power is strongest when Congress authorizes the action, uncertain when Congress is silent, and weakest when the President acts contrary to Congress’s expressed or implied will.
Flashcard 10: What are the principal limits on Congress’s taxing and spending powers?
Answer: Congress may tax and spend for the general welfare, and its spending conditions must be unambiguous, related to a federal interest, and not independently unconstitutional or coercive. A purported tax that is punitive rather than revenue-raising may be invalid as a regulation beyond Congress’s enumerated powers.
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