Executive power

Question 1

Treaties

Answer 1

1) created by president
2) ratified by 2/3 senate
3) preempted by constitution and other federal laws that come after in time

Question 2

Executive agreements

Answer 2

1) only have to be signed by president

2) constitution, federal law, and treaties preempt

Question 3

conflict of laws

Answer 3

Best to worst

1) constitution
2) federal law and treaties (last in time)
3) executive agreement
4) state constitution
5) state law

Question 4

war making powers: executive

Answer 4

President may put armed forces into foreign hostilities when

1) congress has explicitly or implicitly granted the authority to do so
2) when the national interest requires such action, provided that congress has not explicitly disapproved of the specific action

Question 5

political question doctrine

Answer 5

makes president war making powers often unreviewable by SCOTUS

Question 6

take care clause

Answer 6

1) president must “take care” to “faithfully execute” the law of the US.
2) to do so, president cannot refuse to spend funds when congress has explicitly required that they be spent

Question 7

appointment

Answer 7

1) high-level officers: ambassadors, fed. judges, cabinet members are appointed by the president and ratified by the senate
2) lower-level officers: congress may vest appointment powers in the president, heads of departments, even in court system BUT it may not give itself power to appoint executive officers

Question 8

removal

Answer 8

1) president has absolute authority to fire high level executive officers
2) president may fire other executive officers at discretion unless removal is explicitly limited by federal statute (“for cause”)

Question 9

impeachment

Answer 9

1) president, vice-president, federal judges with life appointments, all civil officers of the US may be impeached, convicted and removed
2) legal grounds = treason, bribery, high crimes, misdemeanors
3) house of representatives impeaches by majority vote
4) senate tries and convicts by 2/3 vote
5) removal only occurs if impeached and convicted

Question 10

executive immunity

Answer 10

absolute immunity to civil suits for $ damages for actions taken while in office, but no immunity for actions taken before in office (Clinton)

Question 11

executive privilege

Answer 11

presumptive privilege for presidential papers and conversations BUT criminal charges requiring them may overcome the privilege

Question 12

pardon power

Answer 12

1) president may pardon those accused or convicted of federal crimes including criminal contempt
2) cannot pardon those impeached
3) does not include civil cases or contempt
4) congress may not limit but federal judiciary may maintain power of review