EXEC POWER

Question 1

domestic power
power as chief exec

Answer 1

• express power: duty to faithfully execute law (take care clause)

Question 2

no power to impound

Answer 2

POTUS has no power to refuse to spend appropriated funds when Congress has mandated that they be spent

Question 3

appointment and removal

Answer 3

• potus appints fed judges, ambassadors, other principal officers with advice and consent of senate (congress can vest appt of inferior officers in potus, cts, head of depts)
• removal: potus can remove high level exec officers at will; congress can limit potus power to remove all other exec appointees; congress can remove exec officers through impeachment

Question 4

pardon

Answer 4

potus can pardon those accused or convicted of fed crimes
congress cannot limit

Question 5

veto power

Answer 5

if POTUS vetoes act of congress, act may be law if veto is overriden by 2/3 of each house

Question 6

congress impeachment power

Answer 6

house can impeach for treason, bribery, or high crimes and misdemeanor (majority vote)

after impeachment, trial in senate (requires 2/3 vote for removal)

Question 7

war

Answer 7

congress has power to declare war but POTUS can act militarily without a congressional declaration of war to protect american lives

Question 8

treaty power & hierarchy

Answer 8

POTUS has power to enter into treaties with consent of 2/3 of senate

• treaties are supreme law of land if self executing
• state laws that conflcit with self-executing treaty are invalid
• conflict b/w fed statute and valid treaty – most recent wins
• treaties are inferior to constitution – treaties must be consistent with constituition

Question 9

executive agreements

Answer 9

• agreements reached b/w POTUS and foreign heads of state; do NOT REQUIRE senate consent
• if state law conflicts with exec agreement, agreement wins; if exec agreement conflicts with fed law, fed law wins!

Question 10

exec priv and immunity

Answer 10

• exec priv: potus has priv to keep certain presidential comms secret (BUT important gov’t interests in criminal cases can override priv)
• exec immunity: POTUS has absolute immunity from civil damages based on actions taken wnhile carrying out official duties (no immunity for actions occurring before taking office)