LAW 404 Final Study Guide Updated (A+ Guaranteed)

What is the textual basis for the doctrine of executive privilege? correct answers It is not mentioned explicitly in the constitutional text but has been implied from Article II because it is so vital to the President's ability to do his job. Which of the following is not one or the three main categories of presidential power? correct answers Revenue Raising What is executive privilege? correct answers The privilege of the President not to disclose private communications with high level advisors. Where in the Constitution does the text explicitly require the President to obtain approval from Congress before acting? correct answers It's a trick question: the Constitutional text nowhere explicitly requires the President to obtain congressional approval for his actions. What has the Supreme Court said about whether the President has constitutional authority to commit U.S. troops to offensive military action without congressional authorization? correct answers The Supreme Court has not answered this question. Where in the Constitution does the text explicitly require Executive approval of any law Congress wishes to pass (unless Congress can get approval from a two-thirds majority of both houses to approve the law)? correct answers Article I, Section 7 Which of the following statements best captures the question of institutional choice posed by The Steel Seizure Case? correct answers Whether the President acting unilaterally or the President and Congress acting jointly should have the power to seize production facilities to meet a military emergency. Which of the following best captures the issue in The Steel Seizure Case? correct answers Whether President Truman's executive order was a valid exercise of his Article II powers. Why has the Foreign Emoluments Clause so seldom come up in court? correct answers Because violations of the clause do not generally cause the sort of injury that would enable any person to bring suit challenging them. Because most federal officials have scrupulously avoided violating it. What is an emolument? correct answers Profit or gain, which may or may not be limited to payments in connection with official duties. What risk is the foreign emoluments clause meant to guard against? correct answers The risk that the President (and other federal officials) would represent the interests of foreign governments instead of the American people.