Executive Power

Question 1

Implied Executive Powers

Answer 1

1. If the President acts with the express or implied authority of Congress, the presidential authority is the strongest and likely valid
2. If the President acts where Congress is silent, the Court will consider the circumstances and history.
   -Act is unlikely to be upheld if it steps on another branch’s power or prevents another branch from carrying out it duties
3. If the President acts against Congress and Congress has authority to act, the action is likely invalid

Question 2

Appointment and Removal Powers

Answer 2

The President has the power to appoint the following with consent of the Senate:
-SCOTUS
-Ambassadors
-Lower level judges

The President can remove cabinet members and heads of agency at will, while Congress can only remote executive officers through impeachment

Question 3

Pardon Power

Answer 3

President may grant pardons for all federal offenses but not for impeachment or civil contempt

Question 4

Veto Power

Answer 4

A president can veto an act of Congress within 10 days but it may be overridden by 2/3s vote of each house
-A pocket veto is when the President doesn’t act within 10 days while Congress is not in session resulting in a veto (bill becomes law if Congress is in session)

Question 5

War Power

Answer 5

President cannot declare war, but as commander in chief can act militarily in actual hostilities against the U.S. without Congress

Question 6

Treaty Power

Answer 6

The President has the power to enter into treaties with the consent of 2/3s of the Senate
-Self-executing treaties (effective without implementation by Congress) are the equivalent to federal statutes
>Conflicting state laws are invalid
>Conflict with federal law depends on last in time
>Constitution is superior

Question 7

Executive Agreement

Answer 7

A signed agreement between the President and a foreign head of state
-Do not require consent of Senate
-Similar in substance to treaty but is subordinate
-Constitution > Treaties & federal law > executive agreement > state law

Question 8

Executive Privilege/Immunity

Answer 8

President has privilege to keep certain presidential communications secret to protect national security
-Exception: in criminal proceedings where need for such information is demonstrated

President has absolute immunity from civil damages based on any action taken while exercising official duties (but not before or after taking office)