Executive Power Flashcards
Powers of the President
- Enforcement
- Appointment Power
- Removal Power
- Veto Power
- Pardon Power
Enforcement of Laws
President can enforce laws but he cannot make them
Appointment Power
President appoints high level officials with advise and consent of the Senate
Congress can delegate the appointment of “inferior” officers to:
- the president;
- the judiciary; or
- heads of departments.
Who can the presient remove without cause?
- Any executive appointee without cause/at will
For whom does the President need cause to remove?
- executive officers having fixed terms
- officers performing judicial or quasi-judicial functions
Special Prosecutor
President cannot remove a Special Prosecutor who is investigating the president
Veto Power
President has 10 days to veto a bill that has Congress has passed;
no veto = bill becomes law
What is a Pocket Veto?
When president doesn’t sign a bill passed within 10 days of the end of the congressional term
Line-Item Veto
Unconstitutional
Congressional Override
Congress can override a president veto,
can cannot override a pocket veto
Pardon Power
President may grant pardons
Limitations:
- Extends to offenses to the U.S. (federal gov’t, not states)
- Cannot undo an impeachment and restore someone to office
What is the President’s Executive Privilege?
- Absolute privilege to refuse to disclose information relating to military, diplomatic, or sensitive national security secrets.
- other confidential communications between president & his advisors = presumptivley privileged
When is presumptive privilege overcome?
When confidential communications are subpoenaed as evidence in a criminal trial
What are the President’s military powers?
- Power to deploy military forces without a formal declaration of war if the U.S. is attacked
- Power to seize private property during wartime, unless Congress denies President that power
What is the President’s Treaty Power?
The President has the power to make treaties with the consent of the Senate.
The Senate must ratify the treaty by a 2/3 vote before it becomes effective
Treaty v. Federal law
A federal treaty will prevail against an earlier statute,
BUT, if the statute came over the treaty, the federal statute will prevail
Treaty v. State Law
Treaty will prevail over state law
Executive Agreements
President has the power to enter into executvie agreements with foreign nations
Executive agreements need not be ratified by the Senate
Federal Statutes v. Executive Agreements
Conflicting federal statute prevails
State Law v. Executive Agreement
Executive agreement will prevail over state law
Impeachment Power
House of Representatives has the power to impeach
Senate has the power to try impeachments – 2/3 vote is needed to convict
Reasons for Impeachment
- Treason
- Bribery
- Other high crimes and misdemeanors
Who does the president have the power to nominate?
High-level officials
*Senate has the power to confirm or reject