Executive Power Flashcards
Domestic Powers of the President
- Enforce the law (not create it)
- The president’s power to enforce is greatest when authorized via statute.
- Pardon Power: Exclusive power of the President. Can pardon or commute any or all federal offenses.
- Veto Power: Exclusive power of the President. President has 10 days to veto legislation. Can veto for any reason, but must veto entire legislation, not just a portion (all or nothing).
- Appoint/Remove Executive Officers: Only president can hire/fire executive officers. Some positions (ambassador, cabinet member, federal judges) require senate approval.
Executive Officer: Anyone who takes action on behalf of the United States.
Foreign Powers of the President
- President is Commander in Chief
- Treaties are negotiated by the President, but require ⅔ approval of Senate.
- An executive agreement takes precedent over state laws, but it is not a treaty and can be overridden by statute.
Impeachment
Applies to all Executive Officers.
Accusation from the House requires Majority Vote.
Conviction requires ⅔ of Senate.
Impeachment results in removal from office (no other penalties).
Impoundment
A president may not impound (withhold) funds if a statute unambiguously requires those funds to be spent for certain purposes.
Legislative Veto
A legislative veto is when the Legislature gives to itself the right to disapprove future executive actions through resolutions.
This is unconstitutional.
[Think of this as a tactic to get around veto power, because of legislature wants to limit presidential authority it must pass a bill that goes to president for signature.]
Presidential Immunity
President has absolute immunity from liability for official acts (broadly construed).
- Immunity does not extend to acts done before taking office.
- President has an executive privilege not to reveal confidential communications with presidential advisers. EXCEPT when it is outweighed by a specifically demonstrated need in a criminal prosecution (US v Nixon).
