US Separation of Powers 2 — Questions and Answers
Question 1: Which constitutional provision prevents Congress from reducing a sitting federal judge's salary?
- The Compensation Clause of Article III (Correct answer)
- The Emoluments Clause of Article I
- The Necessary and Proper Clause
- The Supremacy Clause
Correct 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.
Question 2: What is the constitutional term for Congress's power to gather information in support of its legislative function?
- Oversight authority (Correct answer)
- Investigative jurisdiction
- Congressional inquiry
- Subpoena power
Correct answer: Oversight authority
Congressional oversight authority, implied from Article I's legislative powers, allows Congress to investigate executive branch activities to inform legislation.
Question 3: Which branch has the exclusive power to recognize foreign governments under the Constitution?
- Executive (Correct answer)
- Legislative
- Judicial
- Both Executive and Senate jointly
Correct answer: Executive
The President holds exclusive power to recognize foreign governments, derived from the authority to receive ambassadors under Article II.
Question 4: What constitutional mechanism allows the President to shape legislation without formal veto power?
- Signing statements (Correct answer)
- Executive agreements
- Pocket veto
- Line-item veto
Correct 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.
Question 5: Under the non-delegation doctrine, Congress may delegate legislative power to agencies only if it provides a(n):
- Intelligible principle to guide the agency (Correct answer)
- Specific list of permitted actions
- Judicial review mechanism
- Senate confirmation requirement
Correct 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.
Question 6: Which Supreme Court case held that the President cannot seize steel mills without congressional authorization?
- Youngstown Sheet & Tube Co. v. Sawyer (1952) (Correct answer)
- McCulloch v. Maryland (1819)
- United States v. Nixon (1974)
- Marbury v. Madison (1803)
Correct 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.
Question 7: 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?
- The bill becomes law automatically (Correct answer)
- The bill is vetoed by default
- The bill must be returned to Congress
- The bill expires and must be reintroduced
Correct 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.
US Separation of Powers 2
Which constitutional provision prevents Congress from reducing a sitting federal judge's salary?