Separation of Powers Flashcards
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Read the first 7 Separation of Powers flashcards as text
Which constitutional clause was used by the Supreme Court in INS v. Chadha (1983) to strike down the legislative veto?
Answer: Both the Presentment Clause and Bicameralism requirement
In Chadha, the Court ruled one-house legislative vetoes violated both bicameralism and the Presentment Clause, because Congress was effectively legislating without following Article I's procedures.
What constitutional principle prevents a single branch from performing functions assigned to another branch?
Answer: The anti-aggrandizement principle
The anti-aggrandizement principle prevents any one branch from accumulating powers belonging to another, maintaining the balance the Framers designed.
Under the Appointments Clause, which officials must be nominated by the President and confirmed by the Senate?
Answer: Principal officers of the United States
Article II requires Senate confirmation for principal officers; Congress may vest appointment of inferior officers in the President alone, courts, or department heads.
Which constitutional provision grants Congress the power to establish federal courts below the Supreme Court?
Answer: Article I, Section 8
Article I, Section 8 grants Congress power to constitute tribunals inferior to the Supreme Court, giving the legislative branch control over the federal court system's structure.
The political question doctrine prevents federal courts from reviewing certain disputes. Which area has the Supreme Court most consistently labeled a nonjusticiable political question?
Answer: Foreign policy and military decisions
Courts have repeatedly declined to adjudicate foreign policy and military matters, finding these committed by the Constitution to the political branches.
Which provision of the Constitution most directly limits the President's ability to spend money not appropriated by Congress?
Answer: The Appropriations Clause (Article I, Section 9)
The Appropriations Clause states that no money shall be drawn from the Treasury except in consequence of appropriations made by law, making spending a congressional function.
What is the primary constitutional justification for executive privilege?
Answer: The need for candid presidential deliberations under Article II
In United States v. Nixon, the Court recognized executive privilege as implied by Article II's vesting of executive power, necessary for effective presidential decision-making.