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40 Cards in this Set
- Front
- Back
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presidential vetoes |
when the president turns down/disapproves of a law presented to him constitutional |
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legislative vetoes |
unconstitutional because Congress may legislate only if there's bicameralism and presentment |
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bicameralism
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where a bill gets passed by both the HORs and the senate |
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presentment |
where a bill gets presented to the president to sign or veto |
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INS v. Chahda |
legislative veto is unconstitutional |
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line-item vetoes |
where the president tries to exclude/veto a part of a bill only unconstitutional give president legislative power |
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non-delegation doctrine |
legislature can't delegate away their legislative power if they give a clear enough instruction AND an intelligible standard for agencies to follow, they can delegate away some of it |
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severability |
invalid portions of a statute can be severed unless it'/s clear that the legislature wouldn't have enated without those provisions |
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severability standard |
would congress have enacted it without the portion trying to be severed? is the removal of it such that it renders the statute inoperable? |
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executive power vesting argument |
executive power's vested in the president and isn't limited in the same way that legislative/judicial power is there isn't a specific list that limits executive power SC --> rejected because not persuasive |
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executive power commander in chief argument |
during wartime the president can have certain power SC --> rejected because too broad |
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executive power take care argument |
a combination of the vesting and commander in chief argument |
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3-part test for executive power's constitutionality |
acts with express/implied authorization by congress acts in absence of either congressional grant/denial of authority acts that are incompatible with express/implied will of Congress |
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when the executive acts with express/implied authorization by congress |
power at its maximum his power + congress's power |
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when the executive acts in absence of either congressional grant/denial of authority |
president can only rely on independent powers "zone of twilight" where him and Congress can have concurrent authority or where distribution is uncertain could go either way constitutionality depends on the facts |
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when the executive acts in ways that are incompatible with express/implied will of congress |
power at the lowest can only rely on his constitutional powers - constitutional powers that Congress has |
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executive emergency powers |
can act with emergency powers derived from congress |
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executive appointments |
nominate with advice/consent from senate principal officers, (ambassadors, justices) with ad vice/consent from senate |
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executive's removal power |
congress can't limit the removal of purely executive branch officials, (cabinet members) congress can limit the removal of people who work for an independent agency to situations where there's just cause for firing |
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independent agencies |
have quasi-legislative authority, (isn't elected but can make regulations) has quasi-judicial authority, (isn't a judge) removal will be subject for cause |
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congress's limitations on limiting the executive's power to remove |
can't remove an executive official unless it's an impeachment
can't actively supervise officers tasked with executing the laws of the US |
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executive privilege |
presumptive privilege for confidential communications, (can be rebutted) civil immunity from actions taken from the scope of his authority |
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Chevron standard for deference courts give independent agencies |
asks whether the statute is ambiguous |
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if a statute isn't ambiguous |
court says/interprets what the statute means and applies that meaning |
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if a statute is ambiguous |
if the administrative interpretation of the ambiguity is one out of a number of reasonable possibilities that it could have chosen --> give deference to that interpretation an agency's decision can't be arbitrary |
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executive foreign policy powers |
an unconstitutional delegation of power to the president --> sustained if its exclusive goal is to provide relief in a foreign conflict president has more authority over foreign vs.domestic affairs any power the constitution hasn't explicitly given --> president congress can't restrict president's exercise of diplomacy |
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executive agreements |
based on treaty based on legislation, or made by president's unilateral authority traceable to constitutional power |
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legislative foreign powers |
approve treaties declare war, (WPR) regulate foreign commerce power of the purse |
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executive agreements vs. inconsistent prior federal law |
federal law wins |
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executive agreements vs. inconsistent prior federal statute |
federal statute wins |
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executive agreements vs. inconsistent prior state statute |
executive agreements always win |
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executive agreements that aren't approved by a treaty/authorized by federal statute |
federal statute will win wins |
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executive/legislative roles with treaties |
senate --> approves treaties by 2/3 vote president --> negotiates treaties president --> doesn't have to ratify senate's amended treaty HORs --> if treaty requires implementation legislation/money |
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non self-executing treaties |
requires implementing legislation or appropriating money can't be enforced domestically without senate/president/HOR's roles |
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self-executing treaties |
become enforceable upon ratification |
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domestic treaties |
an act of congress that can be superseded by subsequent legislation that's inconsistent with the treaty |
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treaty comes BEFORE a conflicting federal/state statute |
treaty is upheld |
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treaty comes AFTER a conflicting federal/state statute |
ONLY IF self-executing or if implementing legislation has been passed |
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federal constitution |
a grant specifies the list of things that the federal government can speak on if something isn't listed, it goes to the states |
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state constitution |
plenary all of the power not enumerated to federal government given to the states |
