Executive Power Flashcards
Treaties
Agreements between the US and foreign countries that are negotiated by the President and effective once ratified by the Senate
Conflict Rules for Treaties
Treaties Prevail over conflicting state laws
IF a treaty conflicts with a federal statute, the one adopted LAST IN TIME controls
IF a treaty conflicts with the Constitution, it is INVALID
Executive Agreements
An agreement between teh US and a foreign country that is effective when signed by the president and a foreign nation
Can be for any purpose. never declared unconstitutional. Anything done by treaty can be done by an Executive Agreement
Conflict of Executive Agreements
Prevail over conflicting state laws
NEVER prevail over conflicting federal laws or the Constitution
Commander in Chief
President has broad powers as Commander in Chief to use American troops in foreign countries
Appointment Power
President solely appoints ambassadors, federal judges and officers of the United States
Congress may VEST the appointment of inferior officers in the President alone, the heads of departments, or lower federal courts. But can’t appoint themselves or give themselves the power to appoint
Removal Power
President may fire any executive branch office, unless limited by statute, without interference from Congress
Congress may remove executive officers ONLY through impeachment
If Congress seeks to limit removal, it must be an office where independence is desireable from the President
Impeachment
President, VP, federal judges and officers can be impeached and removed for treason, bribery, or for high crimes and misdemeanors
does NOT remove them from office automatically.
Majority vote in the House is necessary to invoke impeachment, and a 2/3 vote in the Senate is necessary to actually convict and remove from office
Executive Privilege
President has a privilege to keep certain communications secret. National security given great deference
NOTE: criminal proceedings, presidential communications will be available where a need is demonstrated
Executive Immunity
president has absolute immunity to civil suits for money damages for any actions while in office
NOTE: no immunity for acts that occurred before taking office
pardons
President may grant pardons for all FEDERAL offenses, but NOT for impeachment or civil contempt
Congress may not limit pardon power
President/Congress relationship
If president acts w/ express or implied authority of Congress, his acts are likely valid
If president acts when Congress is silent, his action will be upheld UNLESS it usurps the power of another governmental branch
If president acts against express will of Congress, his action is likely invalid (e.g. can’t refuse to spend appropriated funds when Congress mandate they be spent)
Presentation Clause
president must approve or reject a bill in toto
