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 constitutional provision prevents Congress from reducing a sitting federal judge's salary?
Answer: The Compensation Clause of Article III
Article III's Compensation Clause protects judicial independence by prohibiting Congress from diminishing judges' salaries during their continuance in office.
What is the constitutional term for Congress's power to gather information in support of its legislative function?
Answer: Oversight authority
Congressional oversight authority, implied from Article I's legislative powers, allows Congress to investigate executive branch activities to inform legislation.
Which branch has the exclusive power to recognize foreign governments under the Constitution?
Answer: Executive
The President holds exclusive power to recognize foreign governments, derived from the authority to receive ambassadors under Article II.
What constitutional mechanism allows the President to shape legislation without formal veto power?
Answer: Signing statements
Presidents use signing statements to express their interpretation of legislation or signal how they intend to enforce it, influencing its practical effect.
Under the non-delegation doctrine, Congress may delegate legislative power to agencies only if it provides a(n):
Answer: Intelligible principle to guide the agency
The Supreme Court's non-delegation doctrine requires Congress to supply an intelligible principle when granting regulatory authority to executive agencies.
Which Supreme Court case held that the President cannot seize steel mills without congressional authorization?
Answer: Youngstown Sheet & Tube Co. v. Sawyer (1952)
Youngstown established Justice Jackson's famous three-zone framework for evaluating the scope of presidential power relative to congressional action.
The Presentment Clause requires that bills passed by Congress be presented to the President. What happens if the President takes no action within 10 days while Congress remains in session?
Answer: The bill becomes law automatically
Article I, Section 7 provides that if the President neither signs nor vetoes a bill within 10 days (excluding Sundays) while Congress is in session, it becomes law without presidential signature.