Executive power Flashcards
Power to enforce
The president enforces the law: She does not make it or break it.
Generally, the president’s powers are subject to control by statute, and the power to enforce is greatest when statutorily authorized.
Exclusive powers: pardons
The president can pardon or commute punishment for any and all federal offenses.
Although a president may not pardon a person with respect to future acts, she can pardon a person any time after the offense is committed. The person sought to be pardoned need not have been conicted.
The pardon power, however, does not extend to impeachment.
Congress cannot limit this power.
Exclusive powers: vetoes
The president has ten days to veto legislation. She can do so for any (or no) reason but cannot only veto specific provisions of legislation (“line item” veto).
Congress can override a veto by a two-thirds vote of both chambers.
Exclusive powers: appointments and removals of executive officers
Only the president and her appointees can hire or fire executive officers.
Some senior officers are subject to U.S. Senate confirmation (“advice and consent”).
Congress has neither the power to hire or fire executive officers nor the power to give executive power to any of its legislative officers.
Foreign affairs: military
The president, as commander-in-chief, has control over military decisions, but Congress has the exclusive power to declare war.
Congress can also cut off funding to military actions.
Foreign affairs: treaties
Treaties are negotiated by the president but require approval by a two-thirds vote of the U.S. Senate. Once ratified (approved), a treaty has the same authority as a statute.
Foreign affairs: executive agreements
Executive agreements are presidential negotiations not submitted for Senate approval.
They can be authorized, precluded, or overridden by statute.
They take precedence over conflicting state laws but do not have the binding status of a treaty.
Foreign affairs: day to day
The President represents and acts for the United States in day-to-day international affairs.
In addition to appointing and receiving ambassadors, the President has the exclusive power to recognize a foreign government.
