Federal Executive Power

Question 1

execution of laws

Answer 1

president must faithfully execute the law
- otherwise citizens can sue

Question 2

implied presidential powers

Answer 2

Authorized by Congress
- strongest for upholding

Congress silent
- must come from history or necessity without usurping other branch’s power to uphold

Against Congress’s express will
- lowest ebb to uphold

Question 3

appointment powers (president)

Answer 3

can appoint ambassadors, fed. judges, and other high-level officers w/ advice and consent of Senate

Question 4

appointment powers (congress)

Answer 4

Congress cannot give itself appointment poewrs
- can vest power to appoint inferior officers in President, courts, heads of departments, or agencies

Question 5

removal powers (president)

Answer 5

can remove high-level executive officers
- Congress can statutorily limit president’s power to remove all other executive appointees (eg, require good cause for removal)

Question 6

removal powers (congress)

Answer 6

can only remove executive officers through its impeachment power
- cannot remove art. 3 judges “during good behavior” (only through impeachment)

Question 7

impeachment

Answer 7

Impeachment: HR impeaches President, VP, fed. judges, and fed. officers for treason, bribery, or high crimes and misdemeanors
- requires majority vote

Trial: upon impeachment, trial in Senate
- requires 2/3 vote for removal from office

Question 8

presidential immunity

Answer 8

president has absolute immunity from civil suits arising from official actions taken while in office

NO immunity for actions occuring prior to taking office

Question 9

executive privilege

Answer 9

protects against disclosure of presidential papers & conversations

Exception: important govt intersts in criminal cases can override privilege

eg, watergate - presidential documents and phone logs were disclosed for evidentiary purposes, which overrode privilege

Question 10

pardon power

Answer 10

president has power to pardon those accused or convicted of fed. crimes (not state crimes)
- president may commute senteces
- Congress cannot limit president’s pardon power

Exception: president cannot pardon someone for convictions leading to impeachment

Question 11

treaties & executive agreements

Answer 11

Art. 2 gives Pres. authority to make treaties, appoint ambassadors, and act as Commander in Chief of military

BUT CANNOT declare war
- also not justiciable Q usually (considered political Q)

Question 12

treaties

Answer 12

agreements between US and foregin countries negotiated by Pres.

• approved by 2/3 Senate

Self-executing: becomes law w/out implemented legislation

Question 13

treaties & conflicts

Answer 13

Conflicts: if treaty conflicts with other sources of law, these rules control:
* Conflict w/ state law - treaty prevails
* conflict w/ fed. law - most recent prevails
* conflict w/ Const. - Const. prevails

Const. > fed/treaty (which ever last) > state law

Question 14

executive agreement

Answer 14

agreements reached between Pres. and foreign heads of state

NO senate approval

Question 15

executive agreements & conflicts

Answer 15

Conflicts: executive agreements only prevail over conflicting state laws

Const. > fed law > executive agreement > state law

Question 16

foreign affairs, generally

Answer 16

though Congress has some power regarding foreign affairs (eg to declare war), the President ALONE has authority to represent US in foreign affairs

ET: beware answers in which another branch attempts to direct US foreign representatitves (eg. ambassadors)