US Separation of Powers 5

Question 1

Which Founder most directly articulated the theory of separation of powers that influenced the Constitution's framers?

Accepted Answer

Montesquieu

Answer

French philosopher Montesquieu's 'The Spirit of the Laws' (1748) described separated legislative, executive, and judicial powers, which the Framers widely cited.

Question 2

Under what circumstances may the President make recess appointments without Senate confirmation?

Accepted Answer

During a Senate recess of sufficient length, typically at least 10 days

Answer

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.

Question 3

What constitutional doctrine allows federal law to override conflicting state laws?

Accepted Answer

The Supremacy Clause / federal preemption

Answer

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.

Question 4

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)?

Accepted Answer

Congress retained removal power over an officer exercising executive functions

Answer

The Court held that because Congress could remove the Comptroller General, giving that officer executive budget-cutting functions violated the separation of powers.

Question 5

The War Powers Resolution of 1973 requires the President to notify Congress within how many hours of introducing armed forces into hostilities?

Accepted Answer

48 hours

Answer

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.

US Constitution Exam Practice Test

US Constitution Exam Practice Test

US Separation of Powers 5