3) Federal Executive Power - President or Federal executive branch

Question 1

What is a treaty?

Answer 1

Agreement between US and Foreign country negotiated by president and effective when ratified by Senate

Question 2

State law v. treaty

Answer 2

State law invalid

Question 3

Federal law v. treaty

Answer 3

Last in time wins

Question 4

Treaty v. Constitution

Answer 4

Treaty invalid.

Question 5

What is an executive agreement?

Answer 5

Agreement between US and foreign country effective when signed by president and head of foreign nation that can be used for any purpose

Question 6

Does an executive agreement prevail over conflicting state laws?

Answer 6

YES.

Question 7

Does an executive agreement prevail over conflicting federal laws?

Answer 7

NO

Question 8

Does an executive agreement prevail over constitution?

Answer 8

NO.

Question 9

Does an executive agreement need senate approval?

Answer 9

NO.

Question 10

What appointment powers does the president have?

Answer 10

President appoints ambassadors, federal judges, and officers of US, although Senate must approve nomination

Question 11

What appointment powers do Congress have?

Answer 11

Congress may vest appointment of inferior officers in president, heads of departments, or lower federal courts

Question 12

What removal powers does the president have?

Answer 12

Unless limited by statute, president may fire any executive branch official

Question 13

Can congress limit the president’s removal powers?

Answer 13

Congress may limit by statute ONLY IF BOTH:

(a) office where independence from president desirable
(b) limit removal to when good cause shown (cannot prohibit removal entirely)

Question 14

Who can be impeached?

Answer 14

President, vice president, federal judges, all officers of US can be impeached and removed for treason, bribery, or high crimes and misdemeanors

Question 15

Does impeachment remove someone from office?

Answer 15

Impeachment does not remove person from office

Question 16

What is required for impeachment by the House of Representatives and then senate?

Answer 16

Impeachment by House requires majority vote; conviction in Senate requires 2/3 vote

Question 17

What does the president have immunity from?

Answer 17

Absolute immunity to civil suits for money damages for actions taken while in office

Question 18

Does presidential immunity extend to actions taken before entering office?

Answer 18

No immunity for actions that occurred prior to taking office

Question 19

What communications have executive privilege?

Answer 19

For presidential papers and conversations, but must yield to other important government interests

Question 20

Explain the pardon powers that the president has?

Answer 20

1. Power to pardon anyone accused or convicted of federal BUT NOT STATE crimes
2. EXCEPT: if impeached by House, can never be pardoned for underlying crimes
3. Power does not apply to civil liability