Executive Powers Flashcards
What are the main powers of the President?
Enforcement of laws; Commander in chief; Appointment powers; Removal powers; Pardon power; Veto powers
What are the President’s appointment powers?
Can appoint high-level officers with advice and consent of the Senate
What is the definition of inferior officers appointment?
Officers supervised by superiors appointed by the President and confirmed by the Senate. Congress can delegate power to appoint inferior officers to: The President, The courts, Heads of executive departments
Can Congress directly appoint federal executive officers?
No, cannot appoint officers of the United States
Can Congress remove an executive branch official?
Yes, but only by impeachment
What are the President’s removal powers?
Can remove high-level executive appointees without cause; Exception: must show cause to remove officers performing judicial or quasi-judicial roles or appointed for a statutorily specified duration
Can Congress limit the President’s removal power?
Yes, can statutorily limit removal to only upon a showing of good cause for officers appointed for a specific duration of time
How can federal judges be removed?
Only by impeachment. Cannot be ‘during good behavior’
What are the President’s veto powers?
Power to veto any law passed by both houses within 10 days of receiving it
What is a pocket veto?
If the president fails to act during the veto period and Congress is not in session, the bill will be automatically vetoed. If Congress is in session, the bill will become law.
What is a line item veto?
Vetoing specific lines or parts of a bill without vetoing the whole. Unconstitutional.
Can Congress override a Presidential veto?
Yes, with a 2/3 majority vote in House and the Senate
What are the President’s pardon powers?
Power to pardon or commute sentences for criminal, federal crimes. Cannot pardon those who have been convicted and impeached
Can Congress limit the President’s pardon powers?
No
What is executive privilege?
Qualified privilege that protects the President from having to disclose confidential communications related to their Presidential duties
When can executive privilege be overruled?
By a showing of compelling government interest
What conduct is covered by executive immunity?
Conduct during office for official duties. No immunity for actions before President took office or those unrelated to official duties
What is the President’s treaty power?
Power to make treaties with foreign governments, must be ratified by 2/3 of the Senate
What happens if a treaty conflicts with federal law?
Whichever was signed most recently
What happens if a treaty conflicts with state law?
Treaty
What happens if a treaty conflicts with the Constitution?
Constitution
What is an executive agreement?
Agreement made with a foreign nation that does not require 2/3 Senate approval
What happens if an executive agreement conflicts with federal statute or treaty?
Federal statute or treaty
What happens if an executive agreement conflicts with state law?
Executive agreement
What is the President’s authority as Commander in Chief?
Can only take military action to defend a sudden, hostile attack. Cannot declare war (only Congress)
What are the reasons for impeachment?
For treason, bribery, and other ‘high crimes and misdemeanors’
What is the impeachment process?
Step 1: House of Representatives votes to impeach (majority vote); Step 2: Senate conducts a trial and votes to convict and remove from office (2/3 vote)
