Executive Power

Question 1

Appointment Powers

Answer 1

Congress may not appoint members of a body with administrative/enforcement powers, because that is the President’s power

Power to appoint all ambassadors, public ministers, justices of SC, and all other officers of US with ADVICE and CONSENT of SENATE

Unless congress vests appointment of inferior officers to president alone

Question 2

Removal Powers

Answer 2

President may remove high level, purely executive officers at will, without Congressional interference

Congress may provide statute limits (removal for good cause) on P’s power to remove all other appointees

Congress may remove executive officers only through impeachment

Question 3

Pardon power

Answer 3

For all federal offenses but not impeachment or civil contempt

Power cannot be limited by Congress

Question 4

Veto Power

Answer 4

P has power to veto/disapprove of Congressional Act

Veto overruled by Two-Thirds vote of EACH house

Question 5

Timing for Veto

Answer 5

President must veto within 10 days OR

1. Veto is automatic if Congress is not in session
2. Bill becomes law if Congress is in session

Question 6

Line-item veto

Answer 6

P only has the power to reject/veto a bill in toto–he cannot cancel part and approve other parts

Question 7

Chief Executive Power

Answer 7

1. Power cons if express or implied by Congress
2. Congress silent, action upheld unless it usurps another power of govern branch or prevents them from carrying out task
3. Against Congress, action likely invalid

Question 8

Internal Affairs

Answer 8

1. War–no power to declare war, but may take military action for actual hostility
2. Foreign relations power

Question 9

Treaty Power

Answer 9

P has power to enter into a treaty with 2/3 votes of SENATE
Treaty=self-executing, supreme law of land
If in conflict with congress, the last in time prevails
Limited by Constitution

Question 10

Executive Agreements

Answer 10

Signed by the President and head of the foreign country

Rule: They do not require consent of congress but will be limited if conflicted by federal law, but not state law

Question 11

Immunity

Answer 11

Civil damages: P has absolute immunity while in office, but not for before office
Privilege: secret communications based on national security–great deference given by the courts unless P is involved in criminal proceeding

Question 12

Impeachment

Answer 12

Grounds to impeach executive branch, officers–treason, bribery, high crimes, and misdos

Charges: majority vote of house
Convict/Remove: two thirds vote in senate