Executive Power Flashcards
Where does presidential power derive from?
Article II
power as chief executive
president’s powers over internal affairs are unsettled, but among them is the express power and duty to faithfully execute the laws under Article II, Section 3, Clause 4 (the take care clause)
when is presidential authority at its maximum?
if the president acts with the express or implied authority of Congress. The actions are likely valid.
when is presidential authority unlikely to be upheld?
If the president acts where Congress is silent, the constitutionality of the action is uncertain, and the court will consider the circumstances and any relevant history. The act is unlikely to be upheld if it usurps the power of another governmental branch or prevents another branch from carrying out its tasks
when is presidential authority likely invalid?
if the presidnet acts against the express will of Congress and Congress had authority to act, then the action likely is invalid.
no power to impound
the president cannot refuse to spend appropriated funds when congress has expressly said they will be spent.
appointment powers
congress can vest the appointment of inferior officers in the president, courts, or department heads. congress itself cannot appoint members of a body with administrative or enforcement powers. otherwise the president can appoint people whose appointments are not otherwise provided for in the constitution.
removal of appointees by president
president can remove high level, purely executive officers at will, without any interference by Congress. Congress can provide statutory limitations on president’s power to remove all other executive appointees.
removal of appointees by congress
congress can remove executive officers only through the impeachment process.
pardons
president may grant pardons for all federal offenses but not for impeachment or civil contempt. pardon power cannot be limited by congress.
veto power
if the president disapproves (vetoes) an act of Congress, the act may still become law if the veto is overridden by a two-thirds vote of each house.
does the president have the power to declare war?
no. but president can act as commander in chief and act militarily in actual hostilities against the US without a congressional declaration of war to protect americans.
what happens if treaties are self-executing?
treaties are the supreme law of the land if they are self-executing. STate laws that conflict with a self-executing treaty are incalid.
how is a conflict between a congressional act and a valid treaty resolved?
by order of adoption. the last in time prevails.
what if a treaty conflicts with the constitution?
treaties are inferior to the constitution so they shouldn’t be inconsistent with the constitution.
