Executive Powers Flashcards
What are the seven powers of the president?
- enforcement power
- appointment power
- removal power
- veto power
- pardon power
- military power
- treaty and agreement power
What is the president’s enforcement power?
President can enforce but not create laws
What is the president’s appointment power?
The president appoints “high-level officials” with the advice and consent of the Senate
How does Congress limit the president’s appointment power?
Congress can delegate appointment of “inferior” officers to the President, the judiciary, or the head of an executive department
What is the president’s removal power with respect to executive appointees?
President may remove any executive appointee (i.e., a cabinet member) without cause
What is the president’s removal power with respect to executive officers who have fixed terms or perform judicial functions?
The president must have cause to remove executive officers who have fixed terms and officers who perform judicial or quasi-judicial functions (e.g., a member of the Federal Trade Commission)
What is the president’s veto power?
President may veto an entire bill, but cannot issue a line-item veto
How can Congress limit the president veto power?
Congress can override a veto by a two-thirds vote in both the Senate and House
What is the president’s pardon power?
Can issue pardons for federal crimes only
Could a pardon undo an impeachment?
A pardon cannot undo an impeachment (because it is not a criminal conviction)
What is the president’s military powers if Congress has not declared war?
If Congress has not declared war, President’s powers are limited to using military force in response to a surprise attack upon the US
If the president and Congress disagree on military matters, who prevails?
If President and Congress disagree, President prevails with respect to battlefield tactical
decisions
What is the president’s treaty power?
President may enter treaties, but requires 2/3 vote of the Senate to become effective
How do treaties affect federal and state law?
- Treaties have the same status as federal law and will override earlier federal law
- With respect to state law, treaties take precedence over any conflicting state law
What is the president’s executive agreement power?
President may enter into executive agreements with foreign nations (does not require Senate approval)
