American Government and Political Institutions Flashcards

Under the Presentment Clause of the U.S. Constitution, if the President neither signs nor vetoes a bill within 10 days (excluding Sundays) while Congress is in session, what happens?

Answer: The bill becomes law without the President's signature

Under Article I, Section 7, if the President takes no action on a bill within 10 days (Sundays excluded) while Congress remains in session, the bill becomes law without the President's signature. This differs from a 'pocket veto,' which occurs when Congress adjourns during that 10-day window — in that case the bill dies.

The concept of 'dual federalism,' sometimes called 'layer cake federalism,' is best characterized by which of the following?

Answer: Federal and state governments operate in separate, distinct spheres with little overlap

Dual federalism holds that the national and state governments each have defined, largely non-overlapping areas of authority — like two separate layers of a cake. This model dominated U.S. governance roughly from ratification through the New Deal era, contrasting with 'cooperative federalism' (marble cake) in which levels of government collaborate across policy domains.

Which constitutional mechanism allows Congress to check the executive branch's use of executive agreements made with foreign nations?

Answer: Withholding appropriations necessary to implement the agreement

Unlike treaties, executive agreements do not require Senate ratification and are thus harder for Congress to directly block. However, Congress retains the power of the purse — it can deny or withhold funding needed to implement the agreement, effectively limiting its operational effect. Concurrent resolutions lack force of law, and the War Powers Resolution applies specifically to military deployments, not agreements broadly.

In the context of selective incorporation, which doctrine did the Supreme Court use to apply most Bill of Rights protections to state governments?

Answer: The Due Process Clause of the Fourteenth Amendment

The Supreme Court has used the Due Process Clause of the Fourteenth Amendment ('nor shall any State deprive any person of life, liberty, or property, without due process of law') as the vehicle for selective incorporation, gradually applying specific Bill of Rights protections against state action. The Privileges or Immunities Clause was narrowly interpreted in the Slaughterhouse Cases (1873), effectively sidelining it for this purpose.

Florida's Constitution Revision Commission, which convenes every 20 years, has the unique authority to do which of the following that the Florida Legislature cannot do on its own?

Answer: Propose constitutional amendments and place them directly on the ballot without legislative approval

The Florida Constitution Revision Commission (CRC) convenes every 20 years and has the rare power to propose constitutional amendments and send them directly to the voters on the general election ballot — bypassing the legislature entirely. The Florida Legislature can propose amendments but cannot place them on the ballot without going through additional procedural steps. Note: the CRC is still subject to the single-subject rule, so it cannot freely bundle unrelated issues.

The nondelegation doctrine holds that Congress cannot delegate its legislative power to executive agencies without providing an 'intelligible principle.' This doctrine is rooted in which constitutional basis?

Answer: The Vesting Clause of Article I, Section 1, which grants 'all legislative Powers' to Congress

The nondelegation doctrine derives from Article I, Section 1's Vesting Clause, which states that 'All legislative Powers herein granted shall be vested in a Congress.' Because legislative power is constitutionally assigned to Congress, the Court has held it cannot be fully transferred to the executive branch — though in practice, broad delegations are allowed as long as Congress provides an 'intelligible principle' to guide agency discretion.