Federal Executive Power

Question 1

What are the broad categories of executive powers?

Answer 1

1. Foreign policy

2. Domestic affairs

Question 2

How may the president conduct foreign policy?

Answer 2

Treaties
Executive agreements
Commander in Chief powers (very broad powers)

Question 3

What are the rules for the interaction between treaties and federal law?

Answer 3

1. Treaties prevail over conflicting state laws
2. If a treaty conflicts with a federal statute, last in time prevails
3. If a treaty conflicts with the Constitution, treaty is invalid

Question 4

What is an executive agreement?

Answer 4

greement between US and a foreign country that is effective when signed by the President and the head of a foreign nation
(can be used for any purpose)
(Executive agreements prevail over conflicting state laws, but NOT over conflicting federal laws or the Constitution)

Question 5

What are the executive powers over domestic affairs? (5)

Answer 5

1. Appointment and removal
2. Impeachment and removal
3. Presidential privilege (can’t be sued for money damages for actions while in office)
4. Executive privilege for presidential papers and conversations (must yield to other important government interests)
5. Power to pardon those accused or convicted of federal crimes (except for offenses leading to impeachment)

Question 6

What are the rules for the appointment power?

Answer 6

1. President appoints ambassadors, federal judges, and officers (with senate approval)
2. Congress may vest the appointment of inferior officers in the president, heads of departments, or the lower federal courts (inferior = anybody who can be fired)
3. Congress may not give itself or its officers the appointment power
4. The president may not make recess appointments for intra-session recess of less than 10 days

Question 7

What are the rules for the removal process?

Answer 7

(Unless removal is limited by statute, the President may fire any executive branch office)

1. For Congress to limit removal, it must be an office where independence from the President is desirable AND
2. Congress cannot prohibit removal, it can limit removal to where there is good cause

Question 8

What are the rules for impeachment and removal?

Answer 8

The President, VP, federal judges and officers of the US can be impeached and removed from the office for:
Treason
Bribery
High crimes and misdemeanors

Question 9

What are the requirements for impeachment in Congress?

impeachment doesn’t remove

Answer 9

Impeachment in House requires a majority vote

Conviction in the Senate requires a 2/3 vote