Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Con Law > Executive Powers > Flashcards

Executive Powers Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What are the President’s powers as Chief Executive?

A
  1. enforcement of laws
  2. appointment power
  3. removal power
  4. veto power
  5. pardon power
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are president’s powers as Commander-in-Chief?

A

If congress has not declared war President’s powers are limited to using military force in response to a surprise attack on the US

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are extent of President’s military powers in cases where President and congress disagree?

A

If president and congress disagree, President prevails with respect to battlefield tactical decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is extent of President’s power regarding enforcement of laws?

A

The president can enforce but not create laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is President’s appointment power?

A

President has the power to appoint “high level officials” with the advice and consent of the Senate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is Congress’s power regarding appointment of officials?

A

Congress can delegate appointment of inferior officers to the President, the judiciary or the head of an executive department

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are inferior officers for the purposes of the appointment power?

A

Inferior officers are anyone who has a superior, and whose appointment can be delegated by Congress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the President’s removal power?

A
  1. President can remove any executive appointee without cause
  2. President can remove executive officers who have fixed terms and officers who perform judicial or quasi-judicial functions, but the president must have cause for the removal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the president’s veto power?

A

President may veto an entire bill, but cannot issue a line-item veto by only cancelling certain provisions of a bill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are limits to President’s veto power?

A

Congress can override a presidential veto by a two-thirds vote in both the Senate and House

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the Presidential pardon power?

A

The presidential pardon power is for federal crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are limitations on Presidential pardon power?

A

There are two primary limits on pardon power
1. pardon power is to issue pardons for federal crimes only
2. a pardon cannot undo an impeachment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are president’s powers regarding international affairs?

A
  1. Treaty Power
  2. Executive Agreements
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are president’s powers regarding ability to enter treaties?

A

President may enter treaties, but they require 2/3 vote by the Senate to become effective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What effect do treaties have relative to federal law?

A

Treaties have the same status as current federal law, and will override earlier federal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What effect do treaties have relative to state law?

A

Treates take precedence over any conflicting state laws

17
Q

What is president’s power regarding entering executive agreements?

A

President may enter into executive agreements with foreign nations, and may do so without Senate approval

18
Q

What effect to Executive Agreements have relative to federal law?

A

Executive agreements do not prevail over federal law

19
Q

What effect do Executive Agreements have over state law?

A

Executive agreements prevail over inconsistent state law

20
Q

What are congressional limits on executive power?

A
  1. Impeachment power
  2. Appropriations power
21
Q

What is the Impeachment Power

A

The house has the sole power to impeach, and the Senate tries the impeachment

22
Q

What is required to impeach a president?

A

2/3 vote in the Senate

23
Q

What are impeachable offenses?

A

-treason
-bribery
-other high crimes and misdemeanors

24
Q

What is the Appropriations Power

A

When Congress, by legislative act, explicitly directs to the President to spend appropriated money, the President has no power to impound the authorized funds by refusing to spend or delay spending them

Con Law (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions