Executive Power

Question 1

What are the executives domestic and foreign powers?

Answer 1

Domestic:

• general power to execute laws (iffy area, see other card)
• appointment & removal
• pardons

Foreign:

• war
• foreign relations
• treaty
• executive agreements

Question 2

How do we assess the validity of executive uses of general power to execute the laws?

Answer 2

(a) Congress has expressly or impliedly granted the power, likely valid
(b) Congress is silent, unlikely to be valid IF it usurps power of another branch or prevents another branch from carrying out tasks
(c) acts against express will of Congress, likely invalid

Question 3

What is the president’s war time power?

Answer 3

President cannot declare war - that is for Congress - but acts as commander in chief and can perform military functions w/o approval from Congress.

Note: challenges to presidential wartime conduct are likely political questions, i.e. not justiciable

Question 4

Does the President need the approval from Congress to enter into a treaty?

Answer 4

Yes - needs consent of 2/3 Senate.

Question 5

How do you resolve a conflict between a treaty and the following:

• state law
• federal law
• constitution
• executive agreement

Answer 5

Order is: Const > treaties and federal statutes > executive agreements > state law

If a treaty conflicts with a federal law, then the last in time prevails