Executive Powers Flashcards
Treaties and Executive Agreements
Similarities: Agreement between US and Foreign Country negotiated by President for any constitutional purpose.
Differences: Treaty effective when ratified by 2/3 Senate. Executive Agreement effective when signed.
Foreign Relations
President may introduce Armed Forces in foreign hostilities under two circumstances: Congress ahs explicitly or implicitly granted authority to do so. OR National interest requires such action, and Congress has not explicitly disapproved specific action.
Take Care Clause
President has duty to take care that laws be faithfully executed.
President cannot refuse to spend appropriated funds when Congress has explicitly required they be spent.
Appointment
President, may appoint all high level officers.
Congress may vest appointment power in President over heads of departments or even in lower federal courts.
Congress itself may NOT appoint members of a body with administrative OR enforcement powers.
Removal
President has absolute authority to fire high level executive officers.
President may fire other executive officers at his discretion, unless removal is explicitly limited by federal statute.
Impeachment
Presidence, Vice, Federal Judges, Civil Officers of the United States are subject to removal by impeachment and conviction.
legal grounds include, treason, bribery or high crimes and misdemeanors.
House conducts impeach requires majority vote.
Senate removes by 2/3 vote.
Executive Immunities
Absolute immunity to civil suits for monetary damages for any action undertaken while in office.
privilege for presidential papers - must yield for important criminal interests.
Pardoning
MAY PARDON ONLY FOR FEDERAL CRIMES.
Except in impeachment
Pardoning power cannot be limited by Congress.
Pocket Veto v. Line Item Veto
Pocket: President has 10 days to exercise veto, if fails bill automatically vetoed if Congress is not in session, if Congress is in session bill becomes law.
Line Item Unconstitutional: President must approve bill in toto
