Executive Power Flashcards
1
Q
Powers as Chief Executive
A
- president’s powers over internal affairs are unsettled, but include express power + duty to faithfully execute the laws (Take Care Clause)
- Youngstown framework
2
Q
Youngstown Framework
A
- if Pres acts with the express or implied authority of Congress, presidential authority is at its maximum + the actions likely are valid
- if Pres acts where Congress is silent, constitutionality is uncertain, + court will consider the circumstances + any relevant history
-> unlikely to be upheld if usurps power of another branch or prevents another branch from carrying out its tasks - if Pres acts against express will of Congress + Congress had authority to act, the action likely is invalid
3
Q
Appointment Powers
A
- Pres appoints ambassadors, SCOTUS justices, + other officers of US w/ advice + consent (i.e. approval) of Congress
- Congress can vest appointment of inferior officers in Pres alone, the courts, or the heads of departments
- Congress cannot appoint members of a body w/ administrative or enforcement powers
4
Q
Removal of Appointees - By President
A
- Pres can remove high level, purely exec officers at will, w/o any interference by Congress
- Congress also can’t restrict Pres from removing head of an independent agency if that person is the sole director + exercises substantial discretion
-> BUT Congress can provide statutory limitations on President’s power to remove all other executive appointees
5
Q
Removal of Appointees - By Congress
A
- Congress can remove executive officers only through the impeachment process
6
Q
Pardons
A
- Pres may grant pardons for all fed offenses but not for impeachment or civil contempt
- pardon power can’t be limited by Congress
7
Q
Veto Power
A
- if Pres disapproves of an act, act may still become law if the veto is overridenby a two-thirds vote of each house
- pocket veto - Pres has 10 days to veto-> if fails to act w/in that time, bill automatically vetoed if Congress isn’t in session but becomes law if it is
8
Q
War
A
- Pres has no power to declare war
- BUT as Commander in Chief, Pres can act militarily in actual hostilities against US w/o a congressional declaration
- Congress under military appropriations powers may limit Pres
- challenges to Pres conduct as Commander in Chief would likely be viewed as nonjusticiable political q’s
9
Q
Foreign Relations
A
- Pres has paramount power to represent US in day-to-day foreign relations
10
Q
Treaty Power
A
- Pres has power to enter into treaties w/ consent of 2/3 of Senate
- treaties = supreme law of land if self-executing -> conflicting state laws invalid
11
Q
Treaties - Conflict w/ Fed Laws
A
- resolved by order of adoption -> last in time prevails
12
Q
Treaties - Constitution
A
- treaties = inferior to Con -> can’t beinconsistent w/ Con
13
Q
Executive Agreements
A
- signed by Pres + head of a foreign country
- can be used for any purpose treaties can be used for
- don’t require consent of Senate
14
Q
Executive Agreements - Conflict with Other Laws
A
- if a state law conflicts w/ executive agreement, the agreement prevails
- if a fed law conflicts w/ exec agreement, the fed law prevails
15
Q
Executive Privilege
A
- Pres has a privilege to keep certain presidential communications secret so that the President can receive candid advice + protect nat sec
-> nat sec secrets given great deference by courts - EXCEPTION: inn crim proceedings, pres communiques available to prosecution where the need for such info is demonstrated
- Pres is also subject to state crim subpoenas of personal records (don’t fall within exec privilege)
