Executive Powers + Interbranch Relations

Question 1

Powers of President - Domestic

Answer 1

Enforce - president has power to enforce the law, not make or break it

Greatest - power to enforce is greatest when authorized by statute; most powers are subject to control by statute

Powers that are exclusively executive and not subject to statutory control:

1. Pardon Power - may pardon or commute punishment for all federal offenses (governors have same for state crimes) and cannot be limited by congress
2. Veto Power - 10 days to veto legislation, he can beto for any reason or no reason but cannot veto specific items and accept others; overriding a veto requires a 2/3 majority vote of each house
3. Appointment and Removal of Executive Officers - only president (and appointees) can hire or fire executive officers but some senior members require the advice and consent of the senate (Senate’s power of rejection)

Executive Officers? - anyone who takes action on behalf of the US

Note - congress cannot give executive power to anyone it can hire or fire

Exam Tip - question will tell you that certgain officer is appointed by house or senate; be alert to fact that officer cannot be given executive power to act on behalf of the US because is under legislative control

Question 2

Powers of President - Foreign Affairs

Answer 2

Commander in Chief - president has control over all military decisions although vonress has exclusive power to declare war

Treaties - negotiatied by president, but require approval by a 2/3 vote of the senate and once it is apporoved, it has same authority as a staute

Executive Agreement - presidential negotiations not submitted for approval by senate but can be authorized, precluded, or overridden by statute but take precedence over conflicting state laws and dont have binding status of trety

Question 3

Interbranch Relations - Congressional Limits on Executive

Answer 3

a. Impeachment

• Applies to executive officers
• Accusation of high crimes or misdemeanors requiring a majority vote of the house of representatives
• trial in the senate
• conviction requries a 2/3 vote of the senate
• remedy is removal from office, no other penalty applie-s

b. Impoundment

• if statute gives president discretion to spend or withold fund, he may do so
• but when statute unambiguously requires that funds be spent, the president has no power not to do so, there is no power to impoud (withhold) funds

c. Legislative Veto

• Unconstitutional
• happens when congress passes a law reserving to itself the right to disapprove future executive actions by simple resolution
• if congress wants to override future executive actions, it must change the law so taht the president has an opportunit to veto the new legislation
• congress cannot evade the rpesdient guaranteed veto opportunity by passing a law saying that in the future it plans to govern by resolution

Question 4

Interbranch Relations - Delegation of Powers

Answer 4

Rule - congress can delegate its power to adminstrative agencies so long as there are intelligible standards governing the exercise of that delegated power

Test is not demanding, almost all delegations are upheld

Question 5

Interbranch Relations - Immunities

Answer 5

a. The President

• has absolute immunity for official acts (broadly construed)
• has no immunity for acts done prior to taking office
• has an executive privilege not to reveal confidential communications with presdiential advisers but that priviliege can be outweighed by specificlly demonstrated needs in a criminal prosecution (Nixon)

b. Judges
* judges have absolute immunity for all judicial acts, but may be liabiel for non-judicial activities
c. Legislators

• US senators and representatives are protected by the speech or debate clause
• Rule - they and their aides cannot be prosecuted or punished in relation to their official acts
• Therefore, cannot be introduced into evience