presidential powers
Where are the main powers of the President listed in the Constitution
Article II.
What does "freedom of religion" mean
You can practice any religion you choose, or not practice any religion at all
What is "Originalism"
The philosophy that the Constitution should be interpreted based on its original, public meaning at the time it was adopted.
What is the main role of the bureaucracy
To implement, administer, and regulate federal policies and laws.
What are the three main levels of the federal court system
District Courts (trial), Courts of Appeals (appellate), and the Supreme Court
Who is the head of the armed forces
The President (acts as Commander in Chief)
What is the "separation of church and state"
The concept that government and religious institutions should remain separate, preventing the government from favoring one religion
What is a "judicial philosophy
It is a judge's set of beliefs and methods regarding how to interpret the law and the Constitution, which guides their decision-making process
How are most federal employees hired?
Through the merit system, which ensures jobs are based on qualifications and exams rather than political loyalty (spoils system).
What is the primary role of the judicial branch
To interpret laws, apply them to specific cases, and determine if laws violate the Constitution.
The President’s power to "faithfully execute" the law is often cited as the constitutional basis for which of the following?
Executive orders
What are the two distinct parts of the First Amendment that protect religious freedom
The Establishment Clause, which prohibits the government from creating an official state religion or favoring one religion over another, and the Free Exercise Clause, which prohibits the government from interfering with a person's practice of their religion.
What is the primary difference between judicial activism and judicial restraint?
Judicial Activism: A philosophy holding that courts should take an active role in shaping public policy and may go beyond the literal words ,
judicial Restraint A philosophy that encourages judges to limit their own power, defer to the legislative and executive branches, and only strike down laws if they clearly violate the constitution.
Which of the following best describes the function of "administrative adjudication" by federal agencies?
Resolving disputes between the agency and private citizens or corporations.
How can the Legislative Branch check the Supreme Court's power to interpret laws
Congress can pass a new law or amend an existing one to clarify legislative intent if they disagree with a Court ruling, effectively making the previous interpretation irrelevant
In the context of United States v. Nixon (1974) and the "tripartite" framework established by Justice Jackson in Youngstown Sheet & Tube Co. v. Sawyer, which of the following best describes the legal limitation placed on a President’s claim of "executive privilege"
The President’s generalized interest in confidentiality is subordinated to the fundamental demands of due process of law in the fair administration of criminal justice.
Can public school officials legally stop me from praying or reading a Bible
(answer with the clause too )
No, if it is voluntary and student-led. Students have the right to pray, read religious texts, or discuss faith during non-instructional free time (like lunch or recess) as long as it does not disrupt the educational environment. However, school officials cannot lead, endorse, or compel students to pray, as that violates the Establishment Clause
How should a judge interpret a constitutional provision that is ambiguous or silent on a modern issue, such as digital privacy or advanced technologies
The judge must identify the original public meaning of the text when adopted and apply that principle, even if it does not explicitly cover the new technology. If it cannot be found, it is for the legislature, not the court, to create new law.
How do independent regulatory agencies (IRAs) differ structurally from cabinet departments, and why does this difference matter
IRAs (e.g., FTC, SEC, Federal Reserve) have boards with staggered, fixed terms, making them harder for the President to control than cabinet departments, whose secretaries serve at the pleasure of the President. This independence protects regulatory decisions from immediate political pressure, theoretically prioritizing long-term stability or expert-driven policy.
Why is the Supreme Court's power of judicial review considered a potential "counter-majoritarian" difficulty, and what are the main constraints on this power
It is counter-majoritarian because un-elected, lifetime-appointed judges can overturn laws passed by elected representatives, thus overriding the will of the majority. Constraints include Constitutional Amendments
in the 1983 case INS v. Chadha, the Supreme Court struck down the "legislative veto." This ruling significantly impacted the balance of power between the President and Congress regarding the execution of laws
The Court held that once Congress delegates authority to the Executive Branch, it cannot block specific executive actions through a resolution by one or both houses; to do so violates the Presentment Clause and the principle of Bicameralism
When can the government compel a medical action that violates a person's religious beliefs?
In Prince v. Massachusetts (1944), the Court established that the state has an overriding interest in protecting public health and safety, such as enforcing child inoculations, even if it conflicts with a parent's religious beliefs.
How can an originalist, who believes the Constitution’s meaning is fixed at the time of adoption, legitimately apply the Fourth Amendment (written in 1791) to modern digital surveillance techniques like AI data mining, which the Framers could not have anticipated?
Originalists often use the principle of "original methods" or "original meaning." While the technology is new, the concept of an unreasonable search remains the same. They argue for translating the broad principle (protection against government trespass) into the modern context without creating new rights, often arguing that if the law is outdated, it is for Congress to amend it, not the courts.
While the Supreme Court has largely abandoned the "nondelegation doctrine," it still limits Congress's ability to delegate legislative power to administrative agencies. What is the standard the Court uses to determine if a delegation is constitutional, and how does this relate to the "major questions doctrine"
The Supreme Court holds that Congress must provide an "intelligible principle" to guide agencies when delegating authority. However, the modern "major questions doctrine" acts as a constraint, stating that if an agency seeks to decide an issue of vast "economic and political significance" (e.g., vaccine mandates, large-scale climate regulations), it must have clear, explicit authorization from Congress, rather than relying on vague or broad language in the statute
While Congress cannot directly overturn a Supreme Court decision, what is the most definitive, albeit rarely used, method for the legislative branch to override a constitutional interpretation by the Court
Proposing a Constitutional Amendment (requiring 2/3 of both houses and 3/4 of states). For example, the 16th Amendment was ratified specifically to reverse the Supreme Court’s decision in Pollock v. Farmers' Loan & Trust Co. (1895), which declared the federal income tax unconstitutional