Executive Power

Question 1

Treaties

Answer 1

Negotiated by president and ratified by the Senate.

• State laws that conflict are invalid.
• If conflicts w/ Federal statute - last in time rule whichever came later, treaty or federal law, prevails
• Constitution always prevails - if treaty conflicts - invalid

Question 2

Executive agreement

Answer 2

-President and foreign head of state. No Senate approval needed. Used for any purpose

Prevail over conflicting state laws but never over federal laws or Constitution

Question 3

Presidential Power Over Foreign Troops

Answer 3

-President has broad powers as commander in chief to use American troops in foreign countries.

Question 4

Appointment Power

Answer 4

-Present appoints ambassadors, federal judges, and officers. Senate must approve.

-Congress appoints inferior officers.
     Congress may vest appt. of inferior officers in
     1. The President
     2. Heads of Departments
     3. Lower Federal Courts

-Only president can appoint officers (non-inferior officers. If you can be removed by an officer you are an inferior officer)

Question 5

Impeachment

Answer 5

• President, federal judges and officers can be impeached.
• Impeachment by House of Representatives requires majority vote
• Conviction in Senate by 2/3 vote to be removed

Question 6

Removal Power

Answer 6

• President may fire any executive branch official unless removal is limited by statute.
• Congress may limit removal by statute only if 2 requirements are met:
  1. It must be an office where independence from the President is desirable. (ex. Special prosecutor investigating the President)
  2. Congress cannot prohibit removal; it can only limit it where there good cause shown.

Question 7

Presidential Immunity

Answer 7

1. Absolute immunity to civil suits for money damages for any actions taken while in office.
2. Does not have immunity for actions that occurred prior to taking office.

Question 8

Presidential Power to Pardon

Answer 8

• Federal but not state crimes
• Can’t pardon someone who has been impeached by the House
• Power does not apply to civil liability