Executive Power

Question 1

Implied Presidential Powers

Answer 1

Because Article 2 doesn’t give much guidance, most powers of president are implied.

Question 2

Hiearchy of implied presidential powers

Answer 2

Strongest to weakest:
1) When authorized by congress
—usually valid

2) When congress is silent
—-uncertain. Court will consider the circumstances (need) and relevant history
—–unlikeley to be upheld if it usurps the pwoer of another gov branch or prevents a branch from carrying out tasks

3) Acts agaisnt exrpess will of Congress and Congress has authority to act
—–likely invalid

Question 3

External Affairs: War

Answer 3

Cant declare ware, but has broad discretion to deploy troops to further American interests

Many times, has engaged in undeclared wars

Question 4

External Affairs: Treaties

Answer 4

Negotiated by President, approved by 2/3 senate

If treaty is self executing (doesn’t require implementing legislation by congress) then the treaty is LAW
—Constitution > Fed law = Treaty > state law (supremacy clause)
—–if conflict between treaty and federal law, most recent prevails

Question 5

External Affairs: Executive Agreements

Answer 5

No senate approval. Signed by President and foreign leader.

Constitution > Federal law > EAs > state law