7. Presidential Powers (Article 2)

Question 1

What is required for President to exercise its powers as Chief Executive?

Answer 1

Congress’ consent

• Express/Implied
• Silent (UNLESS usurps other governmental branch’s powers)
• NOT contrary to Congress’ express will

Take Care Clause (Art II, Section 3, Clause 4)

• Congress expressly requests President to spend ‘appropriate’ funds (NO refusal allowed)
• Congress expressly allows President to faithfully execute laws or not (discretionary)

Question 2

What can President do under its powers as Commander-In-Chief?

Answer 2

Act vs foreign nations

Deploy troops
- UNLESS Congress limits military appropriation to every 2 years

NOT declare war (Congress’ powers)

Question 3

What is required for President to enter into treaties?

Answer 3

1) 2/3 Senate’s consent => Politically binding
- NO Congress consent required

2) President’s ratification => Legally binding

Question 4

What is required for President to enter into executive agreements?

Answer 4

1) President’s signature
2) Head of foreign country’s signature
3) Majority vote (BOTH Houses of Congress)
4) Purpose for which treaties can be used for

Question 5

Who can appoint government members?

Answer 5

President (Appointment Clause, Section 2)

• Appoint public ministers/Ambadassadors/Justices/Officers/Consuls
• Senate’s consent required

NOT Congress (Vest appointment powers)

• NOT appoint administrative body members
• Must vest powers in President/Executive Heads/Courts (NO Senate consent)

Question 6

Who can remove government members?

Answer 6

President

NOT Congress

• ONLY impeach high level officers
• UNLESS good cause (officer’s employment duration expired under statute) => Congress can limit President’s removal powers

Question 7

Who can President pardon?

Answer 7

Citizens convicted of federal crimes (NOT state crimes)

NOT citizens convicted of civil contempt
NOT citizens impeached

Question 8

What is difference between treaties and executive agreements?

Answer 8

Treaties (politically binding)
- Until ratification (legally binding)

Executive agreements (legally binding)

Question 9

What is the hierarchy of US law?

Answer 9

1) Constitution
2) Treaty vs Federal law (last in time prevails)
3) Executive agreement
4) State law

Question 10

What is required for removing executive officers?

Answer 10

With cause

• Members’ statutory appointment expired
• Members performed quasi-judicial function (FTC/National Labour Relations Board)

With NO cause