Fed Executive Pwr

Question 1

What 3 ways canPOTUS exercise his foreign policy pwr?

Answer 1

1) Treaties = agmts b/t the US and a foreign country They are NEGOTIATED by POTUS, but RATIFIED by the Senate. State laws that conflict w/ treaties are INVALID. If treaty conflicts w/ a fed statute, the one adopted LAST IN TIME cntrls (over the earlier one). If treaty conflicts w/ the US Const., the treaty is INVALID.
2) Executive agmts = agmt b/t the US and a foreign country that’s effective when signed by POTUS (ALONE) and the head of the foreign gov’t. Executive agmts can be used for any purpose. Execuitive agmts prevail over conflicting state laws, BUT NOT conflicting federal laws OR the US Const.
3) Commander-in-Chief pwrs = POTUS has BROAD pwrs as CIC to use American troops in foreign countries NOTE: this is ALSO a political question that WON’T be heard by Art. III cts

Question 2

What is the appointment process for “officers” and “inferior officers”?

Answer 2

1) “Officers”: are appointed by POTUS w/ Senate approval
2) “Inferior officers”: Congress MAY vest appointment in (i) POTUS; (ii) heads of Depts; OR (iii) lower fed cts

NOTE: An “officer” has firing pwr, whereas “inferior officers” DON’T

Question 3

What is the appointment process for ambassadors?

Answer 3

Requires appointment by POTUS and approval by SENATE

Question 4

What is the appointment process for federal judges?

Answer 4

Requires appointment by POTUS and approval by SENATE

Question 5

What pwr does POTUS have to remove executive branch officials?

Answer 5

POTUS may fire ANY executive branch officer, UNLESS that pwr is ltd by Congress

Congress can ltd pwr IF… It’s an office where independence from the President is desirable; AND it’s not a PROHIBITION on removal (Congress can only ltd to where there is “good cause shown” for removal)

Question 6

What federal officers can be impeached, and for what acts?

Answer 6

POTUS, VPOTUS, Federal judges, Officers of the US

Impeachable acts = Treason, Bribery, High crimes/misdemeanors

Question 7

What doesimpeachment and conviction req?

Answer 7

Impeachment requires a MAJORITY vote by the House of Reps

NOTE: impeachment ONLY doesn’t remove a person from office

Conviction requires 2/3rds MAJORITY vote by the Senate

Question 8

What is the scope of POTUS’s immunity from suit?

Answer 8

POTUS has ABSOLUTE immunity to CIVIL suits for MONEY damages for actions WHILE in office

NOTE: POTUS does NOT have immunity for actions that occured PRIOR to taking office

Question 9

What is the scope of executive privilege?

Answer 9

POTUS has executive privilege for presidential papers and conversations, BUT such privilege MUST YIELD to other important gov’t interests (e.g. interests of the criminal justice system)

Question 10

What is the scope of POTUS’s pardon pwr?

Answer 10

POTUS has the pwr to pardon anyone accued or convicted of FEDERAL (not state) CRIMES

EXCEPTION: POTUS may not pardon a person who has been impeached by the House (can NEVER be pardoned). This pwr does NOT apply to CIVIL liability.