Substantive Law Study Support

Questions for Review and Answers

1. What does it mean to say that the U.S. system of government is based on the concept of federalism?
The U.S. Constitution created a national government that was intended to coexist with the state governments already in place. Thus, citizens of the United States would be subject to two governments: state and national. The term federalism is applied to this system of dual governments.

2. What is meant by “separation of powers”?

The Constitution provides for a national government with three separate and distinct branches: the executive, the legislative, and the judicial branches. Each branch is given a different role. In general, the legislative branch makes laws, the executive branch enforces laws, and the judicial branch interprets laws and applies them to factual disputes. This division of power is referred to as the separation of powers.

3. Discuss the checks and balances system.

A benefit of this concept is that no one branch is clothed with too much power because each branch exercises some “checks” over the other branches. For example, the legislative branch has the power to make laws. The president, the chief executive, however, has the power to veto legislation. The president’s veto can be overridden by a two-thirds majority of Congress. Even if a president approves legislation, that law is still subject to interpretation by the courts, which have the power to determine whether the law violates any provision of the Constitution. If a court does so, the law is struck down.

4. Where in the Constitution is the Necessary and Proper Clause found? What authority stems from this clause?
Article I, §8 gives the legislature the right to make laws that are necessary and proper for carrying into execution its express powers.

5. Describe the power and privileges of the U.S. president.

Article II enumerates the specific powers of the president, which include

• the power to appoint federal judges, ambassadors, and other public consuls and ministers.
• the power to serve as the commander in chief.

• the power to grant pardons.

• the power to call Congress in special session.

• the power to veto laws.

• general responsibility for enforcing laws.

In addition to these enumerated powers, the president has inherent powers in matters of national security. The president has executive privileges in matters of the military or foreign affairs. In addition, the president is immune from liability for civil damages regarding official acts until the conclusion of his term.

6. Outline the impeachment process of the president.

There are two steps to the process. The first step is impeachment by the U.S. House of Representatives whereas the House makes an accusation by drawing up articles of impeachment, voting on them, and presenting them to the Senate. After the House has presented its accusation against the president, then the Chief Justice of the Supreme Court presides over a trial. The president is not removed from office unless two-thirds of all senators present vote to convict.

7. What is the importance of the Judiciary Act of 1789?

This Act accomplished two goals: the creation of the first lower federal courts and determination of the number of justices to sit on the Supreme Court.

8. What constitutional protections do judges on constitutional courts receive that judges in legislative courts do not?
Article III of the Constitution provides that judges on the federal courts are appointed by the president and confirmed by the Senate. They serve lifetime tenure during “good behavior,” and they can be removed only through the impeachment process.
Furthermore, Article III prohibits Congress from lowering the salary of any judge in office.

9. Compare and contrast a constitutional court with a legislative court.

Article III expressly authorizes Congress to create courts, whereas Article I impliedly authorizes Congress to do so. Article I gives Congress certain stated powers and allows it to make laws necessary to carry out these powers. At times, Congress has thought it necessary to create special courts that deal with disputes arising under one or more of these powers. The courts created pursuant to Article III of the Constitution are sometimes called constitutional courts, whereas courts created pursuant to Article I are sometimes called legislative courts. The primary importance of this distinction is constitutional protection given to the judges.

10. List and describe the functions of the various trial courts in the federal court system.

COURT FUNCTION

U.S. District Courts Primary trial courts in federal court system; judges and/or juries hear civil and criminal cases Bankruptcy Court Hears bankruptcy matters

U.S. Court of International Trade

Handles controversies involving international trade agreements and tariffs

U.S. Court of Federal Claims Hears cases seeking money damages against the United States

U.S. Tax Court Hears cases involving tax disputes

U.S. Court of Appeals for Veterans Claims

Hears appeals from administrative hearings of the Bureau of Veterans’ Appeals
Court of Military Review Handles military proceedings