Executive Power

Question 1

Appointment Power

Answer 1

The President appoints all:

• Ambassadors
• Public ministers and consuls
• Justices of the SCOTUS
• all other officers not otherwise provided for

*with advice and consent of Senate

Question 2

Congressional Appointments

Answer 2

Congress may vest appointments of all INFERIOR officers in the President alone, the courts, or the heads of departments.

Congress MAY NOT ITSELF appoint members of a body within administrative or enforcement powers.

Question 3

Removal of Appointees

Answer 3

President: May remove high-level, purely executive officers (dept heads, Cabinet officials) AT WILL, without any interference from Congress.
- Congress may impose limitations for removal of all OTHER executive appointees (e.g., good cause)

Congress: May remove executive officers ONLY through impeachment process

Question 4

Pardon Power

Answer 4

President has power to pardon for any federal offense.

• NOT for impeachment or civil contempt
• Power CANNOT be limited by Congress

Question 5

Veto Power

Answer 5

President has veto power over proposed legislation. But Congress can overcome a veto by a TWO-THIRDS vote in EACH house.

Time: Has ten days to exercise veto. If no action w/i ten days:

• If Congress in session, automatically is LAW
• If Congress not in session, then automatically vetoed.

Line item vetoes are unconstitutional; must only approve or veto “in toto”

Question 6

Powers of Chief Executive

Answer 6

1. Implied or Express Authority: If President acts with authority from Congress, his power is at a maximum, and his actions are likely valid.
2. Congress is Silent: president’s actions will be upheld unless they usurp those of another branch or prevent another branch from carrying out actions.
3. Against the Express will of Congress: Action is likely invalid

President can’t hold onto funds appropriated by Congress and must “Take care” that laws are faithfully executed (take care clause)

Question 7

Presidential War Power

Answer 7

President MAY NOT declare war, BUT may act militarily in actual hostilities against the US without congressional declaration of war.

*Congress can limit President’s power in its military appropriation

Question 8

Foreign relations

Answer 8

President has paramount power to represent the US in day-to-day foreign relations

Question 9

Treaty Power

Answer 9

The President has power to enter into treaties, with 2/3 senate. Treaties are:

• SUPREME Law, like other federal laws
• Conflicts with federal laws: Last in time prevails
• Conflicts with Constitution: Constitution wins- treaties must be constitutional

Question 10

Executive Agreements

Answer 10

Signed by President and foreign power, for any purpose for which a treaty might be used.

• Executive agreements > State Law
• Federal Law > Executive Agreement

Question 11

Executive Privilege

Answer 11

The President has a privilege to keep certain communications secret, especially national security secrets.

Exception: In criminal proceedings, presidential communiques will be available for the prosecution, when it demonstrates such a need.

Question 12

Impeachment

Answer 12

The President, VP, and all civil officers are subject to impeachment.

Grounds:

• Treason
• Bribery
• High Crimes
• Misdemeanors

Procedure:

• House: Majority
• Senate: 2/3 to convict and remove from office