Fed Executive Pwr Flashcards
What 3 ways canPOTUS exercise his foreign policy pwr?
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 foriegn gov’t
Executive agmts can be used for any purpose (anything that can be done w/ a treaty) Executive 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
What is the appointment process for “officers” and “inferior officers”?
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
What is the appointment process for ambassadors?
Requires appointment by POTUS and approval by SENATE
What is the appointment process for federal judges?
Requires appointment by POTUS and approval by SENATE
What pwr does POTUS have to remove executive branch officials?
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)
What federal officers can be impeached, and for what acts?
1) Federal officers = POTUS VPOTUS Federal judges Officers of the US
2) Impeachable acts = Treason Bribery High crimes Misdemeanors
What doesimpeachment and conviction req?
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
What is the scope of POTUS’s immunity from suit?
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
What is the scope of executive privilege?
POTUS has executive privilege for presidential papers and conversations, BUT such privilege MUST YIELD to other important gov’t interests (e.g. a criminal trial)
What is the scope of POTUS’s pardon pwr?
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
What is framework of Take Care clause under Youngstown?
1) POTUS has express or implied authority of Congress?
Authority at its maximum and his actions likely are valid;
2) POTUS acts where Congress is silent?
Action will be upheld as long as the act does not:
(i) TAKE POWER from another branch OR
(ii) PREVENT another branch from carrying out its tasks;
3) POTUS acts against Congress?
Little authority and his action likely is invalid (if Congress acted constitutionally)
How can Pres veto be overturned?
Two-thirds vote of both houses
How can POTUS appoint Cabinet members?
With advice and consent of Congress
