American Government and Political Institutions Flashcards

Under the Constitution's Presentment Clause, if Congress passes a bill and the President neither signs nor vetoes it within 10 days (Sundays excepted), what happens if Congress IS still in session?

Answer: The bill becomes law automatically

Article I, Section 7 specifies that if the President takes no action within 10 days (Sundays excepted) while Congress remains in session, the bill becomes law automatically — as if the President had signed it. The pocket veto only applies when Congress has adjourned and cannot receive the bill's return.

Which constitutional provision most directly empowers Congress to create federal agencies like the EPA or the FCC that exercise quasi-legislative rulemaking authority?

Answer: The Necessary and Proper Clause of Article I, Section 8

The Necessary and Proper Clause (also called the Elastic Clause) grants Congress the power to make all laws 'necessary and proper' for executing its enumerated powers, which courts have interpreted to include delegating rulemaking authority to administrative agencies. The Commerce Clause provides subject-matter jurisdiction, but the Necessary and Proper Clause is the structural basis for delegation itself.

Florida's Constitution differs from the U.S. Constitution in that Florida citizens can amend their state constitution through citizen initiative petitions. What threshold of signatures is required to place such an amendment on the ballot?

Answer: 8% of votes cast in the last presidential election, distributed across at least half of Florida's congressional districts

Under Article XI, Section 3 of the Florida Constitution, a citizen initiative requires signatures from 8% of votes cast in the last presidential election, and those signatures must come from at least half (currently 14) of Florida's congressional districts, ensuring geographic representation rather than just raw statewide numbers.

The principle of 'dual sovereignty' in the U.S. federal system means that a defendant acquitted in state court on criminal charges can still be prosecuted for the same underlying conduct in federal court without violating the Double Jeopardy Clause. Which Supreme Court case firmly established this doctrine?

Answer: United States v. Lanza (1922)

United States v. Lanza (1922) firmly established the dual sovereignty doctrine, holding that because the federal government and state governments are separate sovereigns, a prosecution by one does not bar prosecution by the other for the same acts. McCulloch v. Maryland addressed federal supremacy, Barron v. Baltimore addressed the Bill of Rights' application to states, and Palko addressed selective incorporation.

When the Florida Legislature overrides a Governor's veto, what supermajority is required in EACH chamber?

Answer: Two-thirds of the total membership of each chamber

Under Article III, Section 8 of the Florida Constitution, a gubernatorial veto may be overridden by a two-thirds vote of the total membership (not just those present) of each chamber — the House and the Senate. This is a higher bar than a simple majority of members present and ensures a strong consensus exists to override the Governor's judgment.

Under the Appointments Clause of Article II, which category of federal officers may Congress vest appointment power in WITHOUT requiring Senate confirmation?

Answer: Inferior officers, when Congress vests that power in the President alone, courts of law, or heads of departments

Article II, Section 2, Clause 2 creates a two-track system: 'principal officers' must be nominated by the President and confirmed by the Senate, but Congress may by law vest the appointment of 'inferior officers' in the President alone, in the courts of law, or in the heads of departments — bypassing the full Senate confirmation process. The key constitutional distinction is principal vs. inferior officer, not salary level or term length.