Executive Power Flashcards
May Congress appoint inferior officers of administrative or judicial bodies?
No. Congress can only vest the powers of appointment for inferior officers in the president, the courts, or heads of departments.
What procedures must the president comply with in firing purely executive officials?
None. The president alone has power and discretion to fire a member of his cabinet.
How can Congress remove executive officers?
by impeachment.
For what can the president issue pardons?
all federal offenses with the exception of impeachment or civil contempt.
Can Congress limit the president’s pardon power?
No
How can a bill which has been vetoed by the president still become law?
by a two-thirds vote in each house of Congress.
The president neglects to sign a bill within 10 days of it having passed each house of Congress. Congress is away for the August recess. What result?
the bill does not become law; i.e. is pocket vetoed.
The president neglects to sign a bill within 10 days of it having passed each house of Congress. Congress is in session. What result?
the bill becomes law.
When can the president use military force?
where there are actual hostilities involving the United States. The president has no power to declare war.
A treaty which is not self-executing is in force if . . .
two-thirds of the Senate consents.
State Law vs. Self-Executing Treaty
treaty is valid; state law is invalid
Federal Law vs. Valid Treaty
the last in time prevails
Treaty vs. Constitution
Constitution
Can a treaty give Congress a power that it does not have under the Constitution?
No
Do executive agreements require the consent of the Senate?
No
