Executive Power Flashcards
Where does the presidential power derive from
Article II
Domestic powers - power as chief executive - generally
The president’s power over internal affairs are unsettled, but among them is the express power and duty to faithfully execute the laws under article 2, section 3 clause 4 (the take care clause). Clearly the president has some implied power to direct subordinate executive officers, and there’s a long history of President issuing executive orders.
Domestic powers - power as chief executive - inherent or implied powers
If the president acts with the express or implied authority of Congress, presidential authority is at its maximum, and the actions are likely valid.
If the president asks where Congress is silent, the constitutionality of the action is certain, and the court will consider the circumstances and any relevant history. The act is unlikely to be upheld if it serves the power of another governmental branch, or prevents another branch from caring out its tasks. This is the twilight zone
If the president acts against the express wheel of Congress and Congress has authority to act, then the action likely is invalid
Domestic powers - power as chief executive - no power to impound
The president has no power to refuse to spend appropriated funds when Congress has expressly mandated that they be spent. Some authorities based this result on the take care clause. 
Domestic powers - appointment and removal - removal of appointees - by president
The president can remove high-level, purely executive officers at will, without any interference by Congress. Congress also cannot restrict the president from removing the head of an independent agency if that person is the soul Director and exercises substantial discretion. However, Congress can provide statutory limitations, for example, removal only for good cause, on the president power to remove all other executive appointees.
Domestic powers - appointment and removal - appointment powers
The president, appoints, ambassadors, justices of the Supreme Court, and other officers of the United States, whose appointment are not otherwise provided for in the constitution, with the advice and consent of the Senate. Congress, however, confessed the appointment of inferior officers, in the president alone, the chords, or the heads of departments.
Congress itself may not point members of a body with administrative enforcement powers.
Domestic powers - appointment and removal - removal of appointees - by congress
Congress can remove executive officers only through the impeachment process.
Domestic powers - pardons
The president may grant pardons for all federal offenses, but not for impeachment or civil contempt. The pardon power cannot be limited by Congress.
Domestic powers - veto power
If the president disapproves, Vito, any act of Congress, the act may still become law if the veto is over written by a 2/3 vote of each house. As indicated, line item Vito are unconstitutional
Domestic powers - veto power - pocket veto
The president has 10 days to exercise the veto power. If the president fails to act within that time, the bill is automatically vetoed if Congress is not in session. If Congress is in session, the bill becomes law.
Power over external affairs - war
The president has no power to declare war, only Congress does, but the president as commander-in-chief can act militarily in actual hostilities against the United States without a congressional declaration of word protect American lives in property. However, Congress, under its power to enact military appropriation, may limit the president. Challenges to the president’s conduct as commander-in-chief are likely to be viewed as non-political questions.
Power over external affairs - foreign relations
The president has paramount power to represent the United States in day-to-day foreign relations
Power over external affairs - treaty power - generally
The president has the power to enter into treaties with the consent of 2/3 of the senate.
Power over external affairs - treaty power - supreme law
Like other federal law, treaties are the supreme law of the land if they are self executing, meaning effective without any implementation by Congress. State laws that conflict with a self executing treaty are invalid. Note that the president generally doesn’t have any independent powered to issue a memorandum, ordering compliance with a treaty that isn’t self executing.
Power over external affairs - treaty power - conflict with federal laws
A conflict between a congressional act and a valid treaty is resolved by order of adoption: the last in time prevails
