Federal Executive Power

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 foriegn gov't			Executive agmts can be used for any purpose (anything that can be done w/ a treaty)

		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

1) Federal officers = POTUS

		VPOTUS

		Federal judges

		Officers of the US

2) 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. a criminal trial)

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