Separation of Powers Flashcards
7 cards from real US practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Separation of Powers flashcards as text
Which doctrine holds that federal courts cannot issue advisory opinions on hypothetical legal questions?
Answer: Case or controversy requirement
Article III's 'case or controversy' requirement limits federal courts to resolving actual disputes, reflecting the separation of judicial from advisory/legislative functions.
The Twenty-Fifth Amendment addresses which aspect of the separation of powers among the three branches?
Answer: Presidential succession and disability
The Twenty-Fifth Amendment established procedures for filling a vice-presidential vacancy and transferring presidential power during disability.
Which constitutional provision prevents members of Congress from simultaneously holding executive branch positions?
Answer: The Ineligibility Clause (Incompatibility Clause)
Article I's Incompatibility Clause bars sitting senators and representatives from simultaneously holding any civil office of the United States.
What power does the Vice President hold within Congress that bridges the executive and legislative branches?
Answer: Casting tie-breaking votes in the Senate
The Vice President serves as President of the Senate and may cast tie-breaking votes, making this role a constitutional link between the two branches.
Which principle underlies the Supreme Court's ability to strike down acts of Congress as unconstitutional?
Answer: Judicial review
Judicial review, established in Marbury v. Madison (1803), is the power of federal courts to declare legislative or executive actions unconstitutional.
Which clause empowers Congress to enact laws beyond those explicitly enumerated when necessary to carry out its enumerated powers?
Answer: The Necessary and Proper Clause
The Necessary and Proper Clause (Article I, Section 8) gives Congress implied powers to pass laws needed to execute its enumerated constitutional functions.
In Morrison v. Olson (1988), the Supreme Court upheld the independent counsel statute primarily because:
Answer: The executive branch retained sufficient control over the counsel
The Court found the statute constitutional because the executive branch retained enough control over the independent counsel through the limited removal power to satisfy separation of powers.