Executive power: interbranch relations

Question 1

Congressional limits on the executive: impeachment

Answer 1

Impeachment applies to executive officers: the president, vice president, cabinet officers, and federal judges.

Impeachment requires a majority vote in the House, and conviction requires a two-thirds vote of the Senate.

Impeachment and conviction lead to removal from office and no other penalties.

Question 2

Congressional limits on the executive: impoundment

Answer 2

Unless a statute gives the president discretion to spend or withhold funds, she must spend appropriations.

The president does not have the power to impound funds required by statute to be spent on certain purposes.

Question 3

Congressional limits on the executive: legislative veto

Answer 3

Found to be unconstitutional, the legislative veto was a practice by Congress to reserve to itself the right to disapprove of executive actions by simple resolution.

Now, Congress must change the law if it wishes to override executive actions—and allow the president the opportunity to veto (“presentment”).

Question 4

Non-delegation doctrine

Answer 4

Congress may delegate its power to administrative agencies if there is an intelligible principle governing the exercise of the delegated power.

Question 5

Appointments: inferior officers

Answer 5

Congress may delegate the appointment of “inferior” officials to the President. “Inferior” officials are those supervised by Senate-confirmed appointees.

Question 6

Executive agreements

Answer 6

When a federal statute conflicts with an executive agreement, the federal statute takes precedence over the executive agreement.