Separation of Powers
Define the doctrine of separation of powers and explain its primary purpose in the U.S. Constitution.
Division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another; primary purpose: prevent tyranny and protect liberty.
Give one example of a check the presidency has on the legislative branch and one check Congress has on the presidency.
President vetoes bills; Congress can override veto with two-thirds; Congress can impeach; Senate confirms appointments.
Identify the two chambers of Congress and state one unique constitutional power for each.
Two chambers: House and Senate. Unique powers: House — originate revenue bills, power to impeach; Senate — advise and consent, try impeachments, ratify treaties.
State two formal constitutional powers of the president.
Examples: commander-in-chief, grant reprieves and pardons, make treaties (with Senate), appoint judges and officers (with Senate), state of the union.
What is judicial review and which Supreme Court case established it?
Judicial review: courts’ power to declare laws/actions unconstitutional; established in Marbury v. Madison (1803).
Identify which Constitutional Article establishes the powers of the legislative branch and name two expressed powers found there.
Article I; examples: power to tax, regulate commerce, declare war, raise and support armies, necessary and proper clause.
Explain how the Senate’s advice and consent role functions as a check on the executive branch. Include one example of its use.
Senate confirms presidential nominees and ratifies treaties; example: rejection of a nomination (e.g., Robert Bork) or rejection of a treaty.
Explain the difference between a standing committee and a conference committee and their roles in lawmaking.
Standing committee: permanent, handles bills in policy area; conference committee: temporary, reconciles House/Senate versions of a bill.
Define executive orders and explain one limitation Congress or the courts can place on them.
Executive orders: directives to executive branch; can be limited by statute (Congress passes law) or struck down by courts as unconstitutional.
Explain the difference between original and appellate jurisdiction and give an example of a court exercising each.
Original jurisdiction: first hearing (e.g., Supreme Court in disputes between states); appellate jurisdiction: review of lower court decisions (majority of Supreme Court cases).
Explain how the principle of federalism differs from separation of powers, and give one example showing how the two concepts interact.
Federalism divides sovereignty between national and state governments; separation of powers divides national power among branches. Interaction example: states sue federal government and case goes to federal courts, or concurrent powers creating overlap.
Describe the process and constitutional basis for impeachment. Distinguish between the roles of the House and the Senate.
Impeachment in House (articles of impeachment, simple majority) and trial in Senate (conviction requires two-thirds) — constitutional basis: Articles I & II.
Describe the process by which a bill becomes law, emphasizing points where Congress can check the president.
Bill introduced, committee consideration, floor debate, passage in both chambers, presidential signature or veto (Congress may override), or pocket veto if session ends.
Describe the role of the president as commander-in-chief and explain one constitutional or political constraint on that role.
Commander-in-chief role but constrained by Congress’s power to declare war and fund military, War Powers Resolution requirements, public opinion, and military chain of command.
Describe the process for selecting federal judges and explain the Senate’s role.
President nominates federal judges; Senate Judiciary Committee holds hearings; full Senate votes to confirm (majority). Life tenure under Article III.
Describe how the Framers designed the Constitution to prevent concentration of power, citing at least two specific structural features.
Examples: bicameral legislature, enumerated powers, checks and balances (veto, appointment/confirmation), separation of personnel (different elections/terms).
Analyze how the judicial nomination and confirmation process serves as a check-and-balance involving all three branches.
President nominates judges; Senate confirms or rejects; courts can rule on constitutionality of laws or executive actions; interaction may delay or block policy.
Explain the concept of incumbency advantage in Congressional elections and name two factors that contribute to it.
Incumbency advantages: name recognition, fundraising, franking privilege, constituency service, districting/gerrymandering.
Explain the unitary executive theory and contrast it with constraints implied by checks and balances.
Unitary executive: strong presidential control over executive branch; contrasted with independent agencies and congressional oversight that limit unilateral control.
Analyze how stare decisis influences Supreme Court decision-making and provide an example where the Court overturned precedent.
Stare decisis: precedent guides decisions; example of overturned precedent: Brown v. Board of Education overturned Plessy v. Ferguson; more recent: Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade.
Identify a historical example (pre-1930) where separation of powers was tested and explain the constitutional conflict and outcome.
Example: Marbury v. Madison (1803) tested judicial vs. executive/legislative authority; outcome: established judicial review. (Other valid pre-1930 examples: McCulloch v. Maryland, etc.)
Discuss a modern (post-2000) example where checks and balances produced a stalemate or compromise between branches; explain the constitutional issues involved.
Example: government shutdown due to budget impasse (e.g., 2013 shutdown) or executive actions blocked by courts/held up in Congress. Explain specifics.
Evaluate the effect of Congress’s power of the purse on policy-making, using a specific historical example (e.g., budget standoffs, shutdowns).
Power of the purse example: funding riders, budget resolutions, government shutdowns; e.g., 1995–1996 shutdowns, blocking funds for wars pre-AUMF debates.
Analyze how the expansion of presidential power during wartime has affected separation of powers, citing a specific case or statute.
Wartime expansions: e.g., Lincoln’s suspension of habeas corpus, WWII internment cases, or post‑9/11 executive actions (e.g., detention policies). Discuss balancing national security with civil liberties and congressional oversight.
Evaluate the political and constitutional implications of lifetime appointments for federal judges, including at least one proposed reform and its potential effects.
Lifetime appointments insulate judges from political pressure but raise questions about accountability, politicization of confirmations, and timing. Proposed reforms: term limits (e.g., 18 years), mandatory retirement, or staggered appointments — potential effects include increased turnover, reduced lifetime influence, and altered judicial independence.