Separation of Powers Flashcards
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Read the first 7 Separation of Powers flashcards as text
Which Founder most directly articulated the theory of separation of powers that influenced the Constitution's framers?
Answer: Montesquieu
French philosopher Montesquieu's 'The Spirit of the Laws' (1748) described separated legislative, executive, and judicial powers, which the Framers widely cited.
Under what circumstances may the President make recess appointments without Senate confirmation?
Answer: During a Senate recess of sufficient length, typically at least 10 days
In NLRB v. Noel Canning (2014), the Supreme Court held recess appointments are valid only during recesses of at least 10 days, limiting presidential use of this power.
What constitutional doctrine allows federal law to override conflicting state laws?
Answer: The Supremacy Clause / federal preemption
The Supremacy Clause (Article VI) establishes federal law as the supreme law of the land, preempting conflicting state law — though this addresses federalism more than separation of powers.
Which separation-of-powers concern did the Supreme Court cite when striking down the Gramm-Rudman-Hollings Act's deficit reduction mechanism in Bowsher v. Synar (1986)?
Answer: Congress retained removal power over an officer exercising executive functions
The Court held that because Congress could remove the Comptroller General, giving that officer executive budget-cutting functions violated the separation of powers.
The War Powers Resolution of 1973 requires the President to notify Congress within how many hours of introducing armed forces into hostilities?
Answer: 48 hours
The War Powers Resolution requires the President to submit a written report to Congress within 48 hours of committing troops to combat, reflecting Congress's assertion of its war-declaring role.
Which constitutional mechanism allows federal judges to be removed from office?
Answer: Impeachment by the House and conviction by the Senate
Like other federal officers, Article III judges may only be removed through the House's impeachment power followed by conviction by a two-thirds Senate vote.
What constitutional principle does the phrase 'ambition must be made to counteract ambition' from Federalist No. 51 describe?
Answer: Checks and balances through separated powers
Madison's famous phrase in Federalist No. 51 describes how giving each branch tools to check the others harnesses self-interest to maintain the constitutional structure.