Executive Power (Module 4)

Question 1

Power as Chief Executive (Article II Take Care Clause)

Answer 1

President has express power and duty to faithfully execute law; but there are also implied powers from that which use the Youngstown factors:

1) when acting with express/implied authority of Congress power is at its highest

2) when acting where Congress is silent, unlikely to be upheld if it’s usurping power from another branch/preventing another branch from its duty

3) when acting against express will of congress power is at its lowest

Question 2

Appointment/Removal Power

Answer 2

President appoints ambassadors, sup ct. Justices, and principal/inferior officers of the U.S. (but inferior officer appt can be vested in agency heads or courts)

Pres can remove high level, purely executive offiers at will; Congress can only remove exec officers thru impeachment

Question 3

Presidential Pardon and Veto Power

Answer 3

Can pardon for all fed offenses except impeachment (can NOT pardon for state offenses)

President has 10 days to execute veto power; if does veto then it can still be overriden by 2/3 vote of each house of congress

Question 4

Executive War Power

Answer 4

President cannot declare war, but as Commander in Chief can act militarily in actual hostilities against the US without an official declaratoin of war

Challenges to pres CIC power are political q’s that are likely non justiciable

President can send troops to foreign countries even if US wasn’t facing hostilities; can pretty much send troops anywhere anytime (Congress can’t send troops places)

Question 5

Executive Treaty Power

Answer 5

Pres has power to enter into treaties with 2/3 consent of Senate

• Treaty < Constitution
• Treaty v. Act of Congress = last in time prevails
• Treaties > State Law

Question 6

Executive Agreements

Answer 6

Signed by the president and the head of a foreign country; can be used for any purpose treaties can be used for and do NOT require consent of Senate

Exec Agreement > State Law
Exec Agreement < Federal Law

Question 7

Executive Privilege/Immunity

Answer 7

PRIVILEGE
Pres can keep certain presidential communications secret so they can receive candid advice to protect national security

IMMUNITY
Has absolute immunity from civil damages stemming from exercise of official responsibilities, but no immunity for things before taking office

Question 8

Executive Impeachment

Answer 8

Pres, VP, and all civil officers are subject to impeachment

Majority vote in House impeaches, and 2/3 vote in Senate required to convict and remove