3. The Federal Executive Power

Question 1

Treaties vs. Conflicting State Laws

Answer 1

Treaties prevail over conflicting state laws

Question 2

Treaties vs. Federal Statutes

Answer 2

If a treaty conflicts with a federal statute, the one adopted last in time controls

Question 3

Treaties vs. Constitution

Answer 3

If a treaty conflicts with the United States Constitution, it is invalid

Question 4

Executive agreements

Answer 4

An executive agreement is an agreement between the United States and a foreign country that is effective when signed by the President and the head of the foreign nation.

Question 5

Executive Agreements vs. Federal or State Laws

Answer 5

Executive agreements prevail over conflicting state laws, but never
over conflicting federal laws or the Constitution

Question 6

The appointment power

Answer 6

1. The President appoints ambassadors, federal judges and officers of the United States (The senate must then approve the nomination )
2. Congress may vest the appointment of inferior officers in the President, the heads of departments or the lower federal courts

Question 7

The removal power

Answer 7

Unless removal is limited by statute, the

President may fire any executive branch office.

Question 8

For Congress to limit removal, it must:

Answer 8

1. Be an office where
   independence from the President is desirable, and
2. Congress cannot prohibit removal, it can limit removal to where there is good cause

Question 9

Impeachment and removal

Answer 9

The President, the Vice President, federal judges and officers of the United States can be impeached and removed from the office for treason, bribery, or for high crimes and misdemeanors

Question 10

What is required for an impeachment and a subsequent conviction?

Answer 10

Impeachment by the House of Representatives requires a majority vote

Conviction in the Senate requires a 2/3 vote

Question 11

From what suits does the President have immunity?

Answer 11

The President has absolute immunity to civil suits for money damages for any actions while in office.

However, the President does not have immunity for actions that occurred prior to taking office.

Question 12

The President’s Executive Privilege

Answer 12

The President has executive privilege for presidential papers and conversations, but such privilege must yield to other important government interests

Question 13

The President’s Pardon Power

Answer 13

1. The President can only pardon for federal crimes, not state crimes.
2. The President may pardon only criminal liability, and not for civil liability.