Executive Power Flashcards
what section of the constitution does the president derive their power from?
article II
what is the hierarchy of validity of a president’s implied powers?
1) actions with express/implied authority from congress = maximum (likely valid)
2) actions where Congress is silent and constitutionality uncertain = twilight zone
3) actions against express will of Congress and Congress had authority to act = likely invalid
in the “twilight zone” level of a president’s inherent powers, when will an act likely NOT be upheld?
when it usurps the power of another branch or prevents another branch from carrying out its tasks
what can a president do as “commander in chief”?
can act militarily in actual hostilities against the United States without congressional declaration of war to protect American lives and property
**NOTE = cannot declare war (only congress can)
how will challenges to the president’s conduct as commander in chief be viewed by SCOTUS?
as NON-justiciable political questions
what is the president’s treaty power?
the president has the power to enter into treaties with the consent of 2/3 of the senate
when are treaties considered to be “the supreme law of the land”?
when they are self executing (effective without any implementation by Congress)
true or false: state laws that conflict with self-executing treaties are INVALID.
TRUE (supreme law of land)
how is a conflict between a congressional act and a valid treaty resolved?
by order of adoption (the last in time wins)
true or false: treaties are on equal footing with the constitution.
FALSE (treaties are inferior to the constitution and thus may not conflict)
how are executive agreements different from treaties?
executive agreements are signed by the president and the head of a foreign country and can be used for any purpose that treaties can be used for BUT they don’t require the consent of the Senate
what is the hierarchy between federal law, state law, executive agreements, treaties, and the constitution?
1) constitution
2) federal law and treaties (last in time prevails in conflicts between these two)
3) executive agreements
4) state law
