3) Sep of Powers - President

Question 1

exec powers (list)

Answer 1

1) enforcement of laws
2) appointment power
3) removal
4) veto
5) pardon
6) exec priv
7) commander in chief
8) intl affairs

Question 2

appointment power: def

Answer 2

1) appoints high-level officials (ambassadors, cabinet) w Senate approval

Question 3

apointment power: Congress

Answer 3

can NOT appoint members to any agency or commission w administrative powers

BUT can delegate appointment of “inferior officers”

Question 4

appointment: inferior officer: def

Answer 4

anyone who has a superior

Question 5

appiontment: who C can delegate appointment oif inferior officers to

Answer 5

1) President (w/o senate conf)
2) courts
3) heads of exec depts

Question 6

removal power: exec officials

Answer 6

P can remove at will, w/o cause

Question 7

removal power: need cause to remove

Answer 7

1) exec officials w fixed terms (term by C)

2) quasi-judicial exec officials (ALJs)

Question 8

removal power: fed judges

Answer 8

impeachment only

Question 9

removal power: C’s involvmenet

Answer 9

1) can NOT require P to get C’s approval for firing

2) can NOT remove ppl itself either

Question 10

removal power: exception

Answer 10

P can’t remove a special prosecutor who is investigating im

Question 11

veto process

Answer 11

Pres has 10 days to veto
no action = signing

can override 2/3 majority of both houses

Question 12

pocket veto

Answer 12

if term of Congress expires during 10 days, no action = bill expires (not overridable bc can’t be sent back to C)

Question 13

line item veto

Answer 13

unconst

Question 14

legislative veto

Answer 14

unconst

Question 15

leg veto: def

Answer 15

C writes into the law that it can change it later w/o veto

Question 16

line item + leg vetos are unconst BC

Answer 16

BICAMERALISM + PRESENTMENT are only ways a bill can become law. Both of these skip something nec.

Question 17

pardon powers: includes

Answer 17

even before charged

even corrupt

Question 18

pardon power: limits

Answer 18

1) offenses against US only (not state law crimes or civil actions)
2) can’t undo impeachments

Question 19

exec privilege: kinds

Answer 19

1) absolute

2) presumptive

Question 20

exec privilege: absolute: what

Answer 20

national security secrets

Question 21

exec privilege: presumptive: what (+ limit)

Answer 21

other confidential coms btwn P and advisors

limit: overcome by crim subpoenas

Question 22

pres: military powers

Answer 22

NOT to declare war

ONLY can rp to attacks w mil force (not initiate)

Question 23

mil powers: pres + congress disagree

Answer 23

pres prevails only wrt battlefiled tactics (Cs till broad here) – law dn have to be specifically to limit pres – jsut any law

Question 24

intl affairs; 2 kinds

Answer 24

1) treaties (needs 2/3 senate)

2) exec agreements (easier to maek but less powerful)

Question 25

treaties: conflicts

Answer 25

1) fed law: later one wins
2) state law: treaty wins
(just like if T was fed statute)

Question 26

exec agreements: conflicts

Answer 26

1) fed law: Fed wins

2) state law: EA wins

Question 27

checks/bal: Congress limits on exec:

Answer 27

1) valid laws
2) impeachment
3) appropriations

Question 28

checks/bal: Congress limits on exec: valid laws (rule)

Answer 28

if a valid law (C was w/in its power), C wins – even in war

Question 29

checks/bal: Congress limits on exec: impeachment power: def

Answer 29

Congress can remove Pres or any fed judge/official

Question 30

checks/bal: Congress limits on exec: impeachment power: procedure

Answer 30

HOR: sole power to impeach (indict)
Senate: sole power to try (2/3 for convict/remoe)

Question 31

checks/bal: Congress limits on exec: impeachment power: result

Answer 31

no other penalty (just rmvl office)

no appeals!! (even if for bad grounds etc)

Question 32

impeachment power: grounds

Answer 32

1) treason
2) bribery
3) high crimes + misdemeanors

Question 33

checks/bal: Congress limits on exec: appropriations power: def

Answer 33

if C by legislation specifically says P can’t or must spend or something, P must obey

Question 34

checks/bal: P’s limits on C

Answer 34

1) veto

2) pardon power

Question 35

checks/bal: judicial limits

Answer 35

1) can only decide cases (not act on own initiative)
2) can hold fed law / ea unconst
3) but can’t enforce judgments so need some buy-in