Constitutional Law - The EXECUTIVE Power

Question 1

Federal Executive Power

Answer 1

Power of the President

Question 2

Treaties

Answer 2

Treaties are agreements between the United States and a foreign country that are negotiated by the President and are EFFECTIVE WHEN RATIFIED by the SENATE

Conflicts with other laws

• -State laws that conflict with treaties are INVALID
• -If a treaty conflicts with a federal statute, the one adopted LAST IN TIME controls…earlier must give way
• -If a treaty conflicts with the United States Constitution, that treaty is INVALID

Question 3

Executive Agreements

Answer 3

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

• –Executive Agreements can be used for any purpose
• –Executive agreements PREVAIL OVER CONFLICTING STATE LAWS, but never over conflicting Federal Laws or the Constitution

Question 4

President as “Commander-in-Chief”

Answer 4

President as Commander-in-Chief has broad powers to use American troops in foreign countries

Question 5

Appointment and Removal Power

Answer 5

The president appoints ambassadors, federal judges, and officers of the U.S., although the SENATE MUST APPROVE THE NOMINATIONS

—Congress may vest appointment of INFERIOR officers in the President, or the heads of Depts, or lower fed cts.

Note: only the PRESIDENT can appoint OFFICERS, but Congress has some discretion in how INFERIOR officers get appointed

An “INFERIOR” officer is anyone that can get fired by an OFFICER

Question 6

The REMOVAL POWER

Answer 6

Unless removal is limited by statute, the President may fire any executive branch official.

LIMITS ON REMOVAL POWER
Congress may, by statute, LIMIT REMOVAL, but only if 2 requirements are shown:
(1) it must 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” SHOWN
(e.g. Nixon tried to fire special prosecutor but couldn’t bc of limits on removal pwr)

Question 7

IMPEACHMENT and REMOVAL

Answer 7

The president, vice president, federal judges and all officers of the United States can be IMPEACHED and REMOVED from office for “TREASON, BRIBERY or HIGH CRIMES and MISDEMEANORS.”

Impeachment does not remove a person from office

Impeachment by the House of Representatives requires a MAJORITY vote; CONVICTION in the Senate requires a 2/3rds vote

Question 8

How many votes are required to IMPEACH someone?

Answer 8

House impeaches - and requires a majority vote; conviction in the Senate requires a 2/3rds vote

Question 9

PRESIDENTIAL IMMUNITY

Answer 9

the President has ABSOLUTE IMMUNITY from CIVIL SUITS for money damages for any actions WHILE IN OFFICE, but president does not have immunity for actions that occurred prior to taking office (e.g. Clinton v. Paula Jones)

Question 10

Executive Privilege

Answer 10

The President has executive privilege for presidential papers and conversations, BUT such PRIVILEGE MUST YIELD to other important government interests

e.g. US v. NIXON, prosecutions during watergate, Nixon tried to argue executive privilege and Ct said NO - OVERRIDING GOVT INTEREST of Criminal Prosecution here

Question 11

Pardoning Power

Answer 11

the PRESIDENT has the POWER TO PARDON anyone accused or convicted of Federal (and not state) crimes, EXCEPT where the person to be pardoned has been IMPEACHED by the House of Reps; that person can never be pardoned for the underlying crimes that led to the impeachment.

The power also DOES NOT APPLY TO CIVIL LIABILITY