CONS 127 Midterm Exam W1- Requires Respondus Lock Down Browser |Questions and Answers |
Fall 2025/26 Update | 100% Correct- UBC.
Common Political Questions - (ANSWER)Guaranty Clause; Impeachment; Declaration of War
Political Question - (ANSWER)Not a matter of the supreme court & must be left to legislature. Does not
appear in the constitution. Does not mean elected officials cannot be sued for official actions.
Justiciability - (ANSWER)Types of matters the court can adjudicate. Political questions are non-
justiciable.
Judicial Review - (ANSWER)Allows the court to determine the constitutionality of laws.
What is not an element of justiciability? - (ANSWER)Jurisdiction
Class Action Suit - (ANSWER)A case brought by someone to help him or her and all others who are
similarly situated; other members to the suit
When there is a conflict between a treaty and an executive agreement, which prevails? - (ANSWER)The
last one passed or the most recent of the two.
Congress passes a law prohibiting any citizen who is not authorized by the President from negotiating or
otherwise communicating with a foreign government in order to influence that government with
respect to any dispute with the U.S. Ann Nesty, civic minded celebrity, goes to Ishtar, a radical Middle
Eastern country, and meets with top government officials in an effort to gain the release of U.S. citizens
held as political prisoners by the government. When Ann returns, she is charged with violating the law.
She claims the law is unconstitutional as beyond the scope of federal power. Is she correct? Explain. -
(ANSWER)No. Using US v. Curtis Wright as precedent, the President is the sole voice in US foreign affairs.
Executive Privilege - (ANSWER)The right of elected officials in the executive branch to withhold
information to other branches of government or to the public.
Presidential Communications Privilege - (ANSWER)Applies to communications made directly to the
president.
Ex: Emails, papers, documentation.
, CONS 127 Midterm Exam W1- Requires Respondus Lock Down Browser |Questions and Answers |
Fall 2025/26 Update | 100% Correct- UBC.
Attorney Client Privilege - (ANSWER)Protects certain communications made between a client and his or
her attorney.
Deliberative Process Privilege - (ANSWER)Applies to discussions among executive branch officials
Protective Function Privilege - (ANSWER)Has not been recognized as a privilege.
What are the requirements of a treaty? - (ANSWER)Must not violate the Constitution; Must be ratified
by ⅔ of the Senate; Must receive Presidential signature.
Can Congress require all courts to return to advisory opinions? - (ANSWER)No. Because it violates the
Article III requirement of case and controversy.
The Supremacy Clause - (ANSWER)Stated in Article 6, Section 2 of the Constitution. Makes all laws of the
United States, the Constitution and all treaties are the Supreme Law of the Land.
Article VI - (ANSWER)The Supremacy Clause. Makes the Constitution, national laws and treaties supreme
over state laws when the national government is acting within its constitutional limits.
Article II of the Constitution - (ANSWER)Confers the whole executive power to the President. Article II,
Section 2 specifies that the President shall nominate and appoint "with the advice and consent of the
Senate" all Ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other
officers of the U.S.
Inferior Officers - (ANSWER)Vested by Congress, to the President for appointment. Appointment of
inferior officers may be vested in other departments, however Congress cannot make the appointment
itself but it can designate the appointment to 1) the President, 2) the judiciary, 3) heads of departments.
Ex: Independent Counsel.
Principle Officers - (ANSWER)Members of the Cabinet and Ambassadors. May only be appointed by the
President with the advice and consent of the Senate.
Fall 2025/26 Update | 100% Correct- UBC.
Common Political Questions - (ANSWER)Guaranty Clause; Impeachment; Declaration of War
Political Question - (ANSWER)Not a matter of the supreme court & must be left to legislature. Does not
appear in the constitution. Does not mean elected officials cannot be sued for official actions.
Justiciability - (ANSWER)Types of matters the court can adjudicate. Political questions are non-
justiciable.
Judicial Review - (ANSWER)Allows the court to determine the constitutionality of laws.
What is not an element of justiciability? - (ANSWER)Jurisdiction
Class Action Suit - (ANSWER)A case brought by someone to help him or her and all others who are
similarly situated; other members to the suit
When there is a conflict between a treaty and an executive agreement, which prevails? - (ANSWER)The
last one passed or the most recent of the two.
Congress passes a law prohibiting any citizen who is not authorized by the President from negotiating or
otherwise communicating with a foreign government in order to influence that government with
respect to any dispute with the U.S. Ann Nesty, civic minded celebrity, goes to Ishtar, a radical Middle
Eastern country, and meets with top government officials in an effort to gain the release of U.S. citizens
held as political prisoners by the government. When Ann returns, she is charged with violating the law.
She claims the law is unconstitutional as beyond the scope of federal power. Is she correct? Explain. -
(ANSWER)No. Using US v. Curtis Wright as precedent, the President is the sole voice in US foreign affairs.
Executive Privilege - (ANSWER)The right of elected officials in the executive branch to withhold
information to other branches of government or to the public.
Presidential Communications Privilege - (ANSWER)Applies to communications made directly to the
president.
Ex: Emails, papers, documentation.
, CONS 127 Midterm Exam W1- Requires Respondus Lock Down Browser |Questions and Answers |
Fall 2025/26 Update | 100% Correct- UBC.
Attorney Client Privilege - (ANSWER)Protects certain communications made between a client and his or
her attorney.
Deliberative Process Privilege - (ANSWER)Applies to discussions among executive branch officials
Protective Function Privilege - (ANSWER)Has not been recognized as a privilege.
What are the requirements of a treaty? - (ANSWER)Must not violate the Constitution; Must be ratified
by ⅔ of the Senate; Must receive Presidential signature.
Can Congress require all courts to return to advisory opinions? - (ANSWER)No. Because it violates the
Article III requirement of case and controversy.
The Supremacy Clause - (ANSWER)Stated in Article 6, Section 2 of the Constitution. Makes all laws of the
United States, the Constitution and all treaties are the Supreme Law of the Land.
Article VI - (ANSWER)The Supremacy Clause. Makes the Constitution, national laws and treaties supreme
over state laws when the national government is acting within its constitutional limits.
Article II of the Constitution - (ANSWER)Confers the whole executive power to the President. Article II,
Section 2 specifies that the President shall nominate and appoint "with the advice and consent of the
Senate" all Ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other
officers of the U.S.
Inferior Officers - (ANSWER)Vested by Congress, to the President for appointment. Appointment of
inferior officers may be vested in other departments, however Congress cannot make the appointment
itself but it can designate the appointment to 1) the President, 2) the judiciary, 3) heads of departments.
Ex: Independent Counsel.
Principle Officers - (ANSWER)Members of the Cabinet and Ambassadors. May only be appointed by the
President with the advice and consent of the Senate.
