LAW & PUBLIC AFFAIRS EXAM STUDY GUIDE #10
25th amendment - correct answer 1) details line of succession 2) details how
cabinet/VP can vote to remove president if he is unfit
Impeachment proceedings - correct answer 1. Investigation (committees within the
House)
2. Committee votes whether to bring it to the full House
3. House votes (simple majority)
4. Senate trial (chief justice presides over trial, 2/3 majority vote to convict or not)
Federal judicial appointments - correct answer ARE FOR LIFE and are made by the
PRESIDENT and confirmed by a majority vote of the SENATE.
Administrative agencies - correct answer - given the power to issue rules and
regulations under the APA
- they must give notice and comment period for new rules
- they have authority to interpret and apply regulations
Field preemption - correct answer when federal law sets up a comprehensive scheme to
regulate the field (congress has occupied the field)
Expressed Preemption - correct answer when the fed government overrules the state
law with a new law
Implied preemption - correct answer Occurs when a federal law or regulation contains
language that conflict with state or local laws or that concerns matters in which the
federal government holds power over
Trial court - correct answer Court of original jurisdiction where cases begin, weighs
evidence and facts
Appellate court - correct answer A court having jurisdiction to review cases and issues
that were originally tried in lower courts, rules on the procedural errors that may have
occurred
Dormant commerce clause - correct answer A restriction on states' authority that is
implied in the commerce clause of the U.S. Constitution: The power given to Congress
to enact legislation that affects interstate commerce in effect prohibits a state from
passing legislation that improperly burdens interstate commerce.
Channels of interstate commerce - correct answer highways, roadways phone lines,
mail, airspace
Instrumentalities of interstate commerce - correct answer persons or things in
commerece
, Substantial Effect Rule - correct answer Congress may regulate any activity that has a
substantial economic effect on interstate commerce
Three ways congress regulates interstate commerce - correct answer channels of
interstate commerce, instrumentalities of interstate commerce, or activities that
substantially affect interstate commerce
Tax and spend powers of congress - correct answer congress can attach conditions to
its spending as a long as its no excessively coercive
Enumerated powers - correct answer Powers specifically given to Congress in the
Constitution; including the power to collect taxes, coin money, regulate foreign and
interstate commerce, and declare war.
Reserved powers - correct answer Powers not specifically granted to the federal
government or denied to the states belong to the states and the people
United States v. Morrison - correct answer -Commerce
Decision which held that parts of the Violence Against Women Act of 1994 were
unconstitutional because they exceeded congressional power under the Commerce
Clause and under section 5 of the Fourteenth Amendment to the Constitution.
- too broad
Zones of presidential authority - correct answer 1) acts in line with expressed intent of
Congress
2) without Congressional grant or denial (depends on circumstances)
3) acts in conflict with implied/express will
Types of executive authority - correct answer executive orders, discretionary action, rule
making/regulations
Youngstown Sheet & Tube Co. V. Sawyer - correct answer President Truman issues
executive order to have Sawyer seize all steel mills to avert suspected strikes. Result:
The President does not have the power to do this because he does not have the power
to seize private property
Enabling legislation - correct answer A statute enacted by Congress that authorizes the
creation of an administrative agency and specifies the name, composition, purpose, and
powers of the agency being created.
Chevron Deference - correct answer courts are to refer to an agencies interpretation
when it is reasonable or permissible
Quasi-legislative powers - correct answer - expertise and efficiency required in modern
world
25th amendment - correct answer 1) details line of succession 2) details how
cabinet/VP can vote to remove president if he is unfit
Impeachment proceedings - correct answer 1. Investigation (committees within the
House)
2. Committee votes whether to bring it to the full House
3. House votes (simple majority)
4. Senate trial (chief justice presides over trial, 2/3 majority vote to convict or not)
Federal judicial appointments - correct answer ARE FOR LIFE and are made by the
PRESIDENT and confirmed by a majority vote of the SENATE.
Administrative agencies - correct answer - given the power to issue rules and
regulations under the APA
- they must give notice and comment period for new rules
- they have authority to interpret and apply regulations
Field preemption - correct answer when federal law sets up a comprehensive scheme to
regulate the field (congress has occupied the field)
Expressed Preemption - correct answer when the fed government overrules the state
law with a new law
Implied preemption - correct answer Occurs when a federal law or regulation contains
language that conflict with state or local laws or that concerns matters in which the
federal government holds power over
Trial court - correct answer Court of original jurisdiction where cases begin, weighs
evidence and facts
Appellate court - correct answer A court having jurisdiction to review cases and issues
that were originally tried in lower courts, rules on the procedural errors that may have
occurred
Dormant commerce clause - correct answer A restriction on states' authority that is
implied in the commerce clause of the U.S. Constitution: The power given to Congress
to enact legislation that affects interstate commerce in effect prohibits a state from
passing legislation that improperly burdens interstate commerce.
Channels of interstate commerce - correct answer highways, roadways phone lines,
mail, airspace
Instrumentalities of interstate commerce - correct answer persons or things in
commerece
, Substantial Effect Rule - correct answer Congress may regulate any activity that has a
substantial economic effect on interstate commerce
Three ways congress regulates interstate commerce - correct answer channels of
interstate commerce, instrumentalities of interstate commerce, or activities that
substantially affect interstate commerce
Tax and spend powers of congress - correct answer congress can attach conditions to
its spending as a long as its no excessively coercive
Enumerated powers - correct answer Powers specifically given to Congress in the
Constitution; including the power to collect taxes, coin money, regulate foreign and
interstate commerce, and declare war.
Reserved powers - correct answer Powers not specifically granted to the federal
government or denied to the states belong to the states and the people
United States v. Morrison - correct answer -Commerce
Decision which held that parts of the Violence Against Women Act of 1994 were
unconstitutional because they exceeded congressional power under the Commerce
Clause and under section 5 of the Fourteenth Amendment to the Constitution.
- too broad
Zones of presidential authority - correct answer 1) acts in line with expressed intent of
Congress
2) without Congressional grant or denial (depends on circumstances)
3) acts in conflict with implied/express will
Types of executive authority - correct answer executive orders, discretionary action, rule
making/regulations
Youngstown Sheet & Tube Co. V. Sawyer - correct answer President Truman issues
executive order to have Sawyer seize all steel mills to avert suspected strikes. Result:
The President does not have the power to do this because he does not have the power
to seize private property
Enabling legislation - correct answer A statute enacted by Congress that authorizes the
creation of an administrative agency and specifies the name, composition, purpose, and
powers of the agency being created.
Chevron Deference - correct answer courts are to refer to an agencies interpretation
when it is reasonable or permissible
Quasi-legislative powers - correct answer - expertise and efficiency required in modern
world
