Federal Executive Power Flashcards
What is permitted under the Executive Power?
Foreign policy
- The ability to enter into treaties that are negotiated by the Prez and effective when ratified by the Senate
- Executive agreements - agreements between the US and a country that is effective when signed by the Prez and a rep of the foreign nation
Domestic Affairs
- Appointment and removal power
- Removal Power
What controls, a treaty or a federal statute?
The one adopted last in time controls
Who may the President appoint under the Appointment Power?
Ambassadors, federal judges and the officers of the US
The Senate must approve appointment
To whom may Congress vest the appointment of inferior officers?
The President, the heads of departments, or the lower federal courts
Congress cannot give itself or its officers the appointment power
Who may the President remove under the Removal Power
Unless limited by statute, the President may fire any executive branch office
When can Congress limit the Removal Power?
The office limited must be an office where independence from the President is desirable
Congress can never prohibit removal, can only limit when there is a good cause
Who can be impeached?
The President, VP, federal judges, and officers of the US
When can P, VP, Fed Judges and Officers of the US be impeached?
For treason, bribery, or for high crimes and misdemeanors
What does impeachment require?
Majority vote in the HR
Conviction in the Senate by 2/3 vote
How is the President’s executive power limited?
Presidential documents and conversations are presumptively privileged, but the privilege must yield to a demonstrated need for such materials as evidence in a criminal case in which they are relevant and otherwise admissible.
