Con Law; Fed Executive Power Flashcards
Foreign Policy: Treaties
Agreements between US and foreign country that are negotiated by President and are effective when ratified by Senate.
a. State laws that conflict with treaties are INVALID
b. If a treaty conflicts with a fed statute, the one adopted LAST IN TIME controls
c. If a treaty conflicts with US Constitution, that treaty is INVALID.
Foreign Policy: Executive Agreements
An agreement between US and a foreign country that is effective when signed by president and head of nation.
a. Can be used for any purpose
b. Executive agreements prevail over conflicting state laws, but NEVER over conflicting Fed Law or Constitution.
Commander in Chief broad powers
President can use American troops in foreign countries.
Domestic Affairs: Appointment Power
The President Appoints ambassadors, federal judges, and officers although the Senate must approve appointment.
Congress may vest appointment of inferior officers in President, Heads of Dept. or Lower Fed Courts.
Domestic Affairs: Removal Power
Unless removal is limited by statute, the President may fire any executive branch official. Congress may, by statute limit removal but only if two requirements are shown:
- It must be an office where Independence from President is desirable; and
- Congress cannot prohibit removal; it can limit removal to where there is good cause shown.
Domestic Affairs: Impeachment and Removal
President, the VP, federal judges, and all officers of the US can be impeached and removed from the office for: Treason, Bribery, High Crimes +Misdemeanors
a. Impeachment does not remove a person from office.
b. Impeachment by HoR requires a Majority vote; conviction in Senate requires 2/3rds vote.
Domestic Affairs: Absolute Immunity
President has absolute immunity to civil suits for money damages for any actions while in office. However, President does NOT have immunity for actions that occurred prior to taking office.
Domestic Affairs: Executive Privilege
President has executive privilege for Presidential papers and convos, but such privilege must yield to other important government interests.
Domestic Affairs: Power to Pardon
President has power to pardon anyone accused or convicted of federal NOT state crimes except where the person to be pardoned has been impeached by the HoR; that person can never be pardoned for the underlying crimes that led to impeachment.
Power does not apply to civil liability.
