Executive Powers

Question 1

what is the first step to check if the executive is acting?

Answer 1

i. Where the president acts with Congress’s express/implied authority, his power is at its apex, and his action is likely valid.
ii. Where Congress is silent, the president’s action is upheld as long as the act does not take over another branch’s powers or prevent another branch from performing its tasks.
1. e.g., can make a committee that is neither auth nor prohib by statute if Congress has given funds for spending
Where the president acts against Congress’s express will, he has little authority, and his action is likely invalid

Question 2

what are teh executive’s domestic powers?

Answer 2

ear vp

• enforcement of laws
• appointment
• removal
• pardon
• veto

Question 3

who can the president appt? are there limits?

Answer 3

“all ambassadors, public ministers and consuls, SCOTUS judges, and officers” with consent of Senate

Question 4

when can president remove? is senate approval required?

Answer 4

1. President can remove high-level, purely executive officials without cause and without Senate approval
2. President may be able to remove other executive officials for good cause based on statute (e.g., corruption, incompetence)

Question 5

who and when can president pardon? can congress limit this power?

Answer 5

(plenary): President may grant pardons before charge or after conviction to federal criminals

1. Congress cannot reverse or limit this
   can use any time after offense has been committed

Question 6

when does leg become law? what can the president do? can the president line veto?

Answer 6

10 days

			a. sign the bill—it becomes law; 
			b.  Veto the bill—by sending it back, with objections, to the house in which it originated; Congress can override the veto by two-thirds vote in each house 
			c. Do nothing—result depends on whether Congress is in session at the end of the 10- day period 
				®  Congress in session—bill becomes law without the President’s signature o 
				® Congress adjourned—bill does not become law (pocket veto; cannot be overridden

— president cannot line veto; all or nothing

Question 7

what are the president’s military powers? can he declare war?

Answer 7

brew

a. Respond to attacks (only Congress has power to initiate war), 
	b. emergency power (broad discretion to send troops abroad w/o declaration of war, whether or not Congress is in session), 
	c. wartime power (seize private property in wartime unless Congress denies it),  battlefield tactical decisions

Question 8

what are the president’s intl powers?

what weight does each have?

Answer 8

a. Treaty power (make agreements between countries with 2/3 Senate consent),
i. these are ratified and thus have the same weight as statute
b. executive agreements with foreign nations (Congress ratification not needed)
i. since not ratified, can be overridden later
but still taken precedence over conflicting state laws

Question 9

what are the president’s privileges and immunities? what is not included?

Answer 9

a. Privileges:
i. Absolute privilege to refuse to disclose national security secrets.
ii. Qualified privilege to confidential comm’n between president and advisors (balance confidentiality vs. purpose to reveal or not)
b. Presidential Immunity: immune from civil liability for official acts but this does not extend to before or after office
Also does not extend to non-official acts - subject to litigation