executive power Flashcards
Federal executive power
- Foreign policy
2. Domestic affairs
Federal executive power
foreign policy
Treaties
Executive agreements
Federal executive power
foreign policy - treaties
Treaties - Agreements between the US and a foreign country that are negotiated by the President and are effective when ratified by the Senate
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 US Constitution, it is invalid.
Federal executive power
foreign policy - executive agreements
Executive agreements - Agreements between the US and a foreign country that is effective when signed by the President and the head of the foreign nation. (No Senate approval required)
Executive agreements can be used for any purpose.
Executive agreements prevail over conflicting state laws but NEVER over conflicting federal laws or the US Constitution.
Federal executive power
foreign policy - recognition power
It is unconstitutional for Congress by statute to designate the capitol of a foreign country.
Federal executive power
foreign policy - troops in foreign countries
The President has broad powers as Commander-in-Chief to use American troops in foreign countries.
On a question regarding use of troops, 1) case dismissed as PQ is the best answer, 2) Prez wins b/c Prez has broad powers to use troops is 2nd best answer.
Federal executive power
domestic affairs
- appointment and removal power
- impeachment and removal
- Immunity to civil suits while in office
- Executive privilege for presidential papers and conversations
- Power to pardon
Federal executive power
domestic affairs
appointment power
- President appoints ambassadors, federal judges, and officers of the United States
- Congress may vest the appointment of inferior officers in the President, the heads of depts, or the lower federal courts
2a. Inferior officers can be fired by an officer of the US. - Congress MAY NOT give itself or its officers the appointment power
- President may not make recess appointments during intrasession recesses that are
Federal executive power
domestic affairs
removal power
Unless removal is limited by statute, the President may fire any executive branch office.
For Congress to limit removal, it must be an office where independence from the President is desirable AND
Congress cannot prohibit removal but it can limit removal to where there is good cause.
Federal executive power
domestic affairs
impeachment and removal
The President, the VP, federal judges and officers of the US can be impeached and removed from office for treason, bribery, or for high crimes and misdemeanors.
Federal executive power
domestic affairs
impeachment and removal - process and effect
Impeachment does NOT remove a person from office.
1. House has sole power to impeach
2. Senate has sole power to convict
Impeachment by House requires majority vote; conviction in Senate requires 2/3 vote
Federal executive power
domestic affairs
immunity to civil suits while in office
President has absolute immunity to civil suits for money damages for any actions while in office.
However, the President does not have immunity for actions that occurred prior to taking office.
Federal executive power
domestic affairs
executive privilege for presidential papers and conversations
President has executive privilege for presidential papers and conversations, but such privilege must yield to other important government interests (if there is an overriding need for such information).
Federal executive power
domestic affairs
power to pardon
President has the power to pardon those accused or convicted of federal crimes EXCEPT impeachment.
President’s pardon power only applies to federal crimes and only for criminal liability.
