Constitutional Law: Separation of Powers

What landmark Supreme Court case established the principle of judicial review?

Marbury v. Madison established the principle of judicial review, granting the Supreme Court the power to declare acts of Congress unconstitutional.

What clause grants Congress the power to make all laws required to execute its enumerated powers?

The Necessary and Proper Clause (Article I, Section 8, Clause 18) grants Congress the power to make all laws required to execute its enumerated powers.

What are the three categories of activity Congress can regulate under the Commerce Clause as established in United States v. Lopez?

Congress can regulate the channels of interstate commerce, the instrumentalities of interstate commerce, and activities that substantially affect interstate commerce.

Describe Justice Jackson's tripartite framework for evaluating presidential power from Youngstown Sheet & Tube Co. v. Sawyer.

Presidential power is at its maximum when acting with congressional authorization, in a 'zone of twilight' when Congress is silent, and at its lowest ebb when acting against congressional will.

Why did the Supreme Court strike down the legislative veto in INS v. Chadha?

The legislative veto was struck down because it violated the constitutional requirements of bicameralism (passage by both houses) and presentment (presentation to the President).

What constitutional provision establishes that federal law preempts conflicting state law?

The Supremacy Clause of Article VI establishes that federal law, the Constitution, and treaties are the supreme law of the land, preempting conflicting state laws.

Under Article II, who has the power to appoint 'principal officers' of the United States, and what is the required process?

The President has the power to appoint principal officers, but this requires the advice and consent (confirmation) of the Senate.

What is the general rule regarding the President's power to remove executive branch officials?

The President generally has the exclusive power to remove executive branch officials at will, though Congress can restrict this for independent agencies led by multi-member boards.

How did United States v. Nixon define the scope of executive privilege?

United States v. Nixon held that executive privilege is a qualified right, not an absolute one, and must yield to a demonstrated, specific need for evidence in a pending criminal trial.

What is the constitutional requirement for Congress to override a presidential veto?

Congress can override a presidential veto with a two-thirds majority vote in both the House of Representatives and the Senate.