US Separation of Powers 4

Question 1

Which constitutional clause was used by the Supreme Court in INS v. Chadha (1983) to strike down the legislative veto?

Accepted Answer

Both the Presentment Clause and Bicameralism requirement

Answer

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.

Question 2

What constitutional principle prevents a single branch from performing functions assigned to another branch?

Accepted Answer

The anti-aggrandizement principle

Answer

The anti-aggrandizement principle prevents any one branch from accumulating powers belonging to another, maintaining the balance the Framers designed.

Question 3

Under the Appointments Clause, which officials must be nominated by the President and confirmed by the Senate?

Accepted Answer

Principal officers of the United States

Answer

Article II requires Senate confirmation for principal officers; Congress may vest appointment of inferior officers in the President alone, courts, or department heads.

Question 4

Which constitutional provision grants Congress the power to establish federal courts below the Supreme Court?

Accepted Answer

Article I, Section 8

Answer

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.

Question 5

The political question doctrine prevents federal courts from reviewing certain disputes. Which area has the Supreme Court most consistently labeled a nonjusticiable political question?

Accepted Answer

Foreign policy and military decisions

Answer

Courts have repeatedly declined to adjudicate foreign policy and military matters, finding these committed by the Constitution to the political branches.

US Constitution Exam Practice Test

US Constitution Exam Practice Test

US Separation of Powers 4