Federal Executive Power

Question 1

Appointment powers

Answer 1

• President: can appoint ambassadors, fed judges, and other high level officers with advice and consent of Senate
• Congress: cannot give itself appointment powers
  -Can vest power to appoint inferior officers in President, courts, heads of departments or agencies
  -Inferior officers: usually those working under presidentially-appointed officers (i.e. can be firec by the appointed officer)

Question 2

Removal powers

Answer 2

• President: can remove at will, high level, purely executive officers and some heads of independent agencies (if sole director and exercises executive power)
  -Congress can statutorily limit President’s power to remove all other executive appointees (e.g. can require good cause for removal)
• Congress: can only remove executive officers through its impeachment power
• Art. III Judges cannot be removed “during good behavior”

Question 3

Impeachment

Answer 3

• House of Reps can impeach the President, VP, fed judges, and fed officers for treason, bribery, or high crimes and misdemeanors: requires majority vote
• Upon impeachment, trial in the Senate: requires 2/3 vote for removal from office

Question 4

Immunity

Answer 4

President has absolute immunity from civil suits arising official actions taken while in office
-No immunity for actions occurring prior to taking office

Question 5

Executive privilege

Answer 5

Protects against disclosure of presidential papers and conversations
-Important govt interests in criminal cases can override the privilege (e.g. Watergate-presidential documents and phone logs were disclosed for evidentiary purposes, which overrode the privilege)

Question 6

Pardon power

Answer 6

President has the power to pardon those accused or convicted of fed crimes (not state crimes)
* Exception: President cannot pardon someone for convictions leading to impeachment
* President may also commute sentences
* Congress cannot limit President’s pardon power

Question 7

Treaties and Executive agreements

Answer 7

Article II gives the President authority to make treaties, appoint ambassadors, and act as Commander in Chief of the military

Question 8

Treaties

Answer 8

Agreements between the U.S. and foreign countries negotiated by the President
* Become effective upon ratification by 2/3 of the Senate
* Conflicts: if a treaty conflicts with other sources of law, these rules control:
-Conflicts with state law: treaty prevails
-Conflicts with fed law: most recent prevails
-Conflicts with the Const: Const prevails

Question 9

Executive agreements

Answer 9

Agreements reached between President and foreign heads of state
* Can be used for any purpose
* No congressional approval is required
* Conflicts: executive agreements only prevail over conflicting state laws

Question 10

Foreign affairs

Answer 10

Generally: though Congress has some power regarding foreign affairs (e.g. to declare war), the President alone has authority to represent the U.S. in foreign affairs
-Note: beware of answer choices in which another branch attempts to direct U.S. foreign representatives (e.g. ambassadors)