Federal Executive Power

Question 1

what is the power of president for foreign affairs

Answer 1

presidents power is paramount to represent and act for US. Power to recognize foreign states lies exclusively with the President

Question 2

what is required for treaties

Answer 2

treaties are agreements b/w the US and foreign state that are negotiated by the president and are effective when
1) RATIFIED BY THE SENATE

Question 3

state laws that conflict with treaties are what?

Answer 3

invalid

Question 4

what if a treaty conflicts with federal statute?

Answer 4

one adopted LAST IN TIME controls the earlier

Question 5

if treaty conflicts with constitution the treaty is

Answer 5

invalid.

Question 6

what is an executive agreement?

Answer 6

an agreement b/w the US and foreign state that is effective when signed by President and head of foreign state.

Question 7

what can executive agreements be used for

Answer 7

ANY reasons. just as treaties.

Question 8

Do executive agreements need to be ratified by senate?

Answer 8

NO

Question 9

What will executive agreements win over?

Answer 9

conflicting state laws

Question 10

what will executive agreements NEVER win over?

Answer 10

1) federal law or

2) constitution

Question 11

what can president do as commander in chief?

Answer 11

president has broad powers as Commander-in-Chief to use American troops in foreign countries.
-courts wont hear for political question

Question 12

what are the 2 main parts for executive for domestic affairs?

Answer 12

appointment powers and removal

Question 13

who does the president appoint?

Answer 13

1) Ambassadors
2) Federal judges and
3) OFFICERS
- although senate must approve nomination

Question 14

how can congress vest appointment of INFERIOR officers

Answer 14

1) in the president
2) heads of departments
3) lower federal courts

Question 15

when can president make appointments w/o senate approval?

Answer 15

when senate is in recess of sufficient duration

Question 16

when is senate in recess?

Answer 16

when the senate states it is in recess.

Question 17

who can president fire?

Answer 17

any officer

Question 18

when can Congress limit the presidents removal power? (2 requirements)

Answer 18

1) it must be an office where INDEPENDENCE from president is desirable (ex: special prosecutor)
2) congress CANNOT prohibit removal; it can LIMIT removal where there is GOOD CAUSE SHOWN

Question 19

what types of things are impeachable?

Answer 19

treason, bribery, high crime and misdemeanors

Question 20

does impeachment remove a person from office

Answer 20

NO

Question 21

how to remove president, vice president, federal judges and officers

Answer 21

1) impeachment by House of Reps requires a MAJORITY vote

2) conviction in senate requires a 2/3 vote.

Question 22

what does president have absolute immunity to?

Answer 22

for civil suits for money damages for ANY actions while carrying out the duties of the office

Question 23

what does the president not have immunity for?

Answer 23

for actions that occurred PRIOR to taking office.

Question 24

what type of things does president have executive privileges for

Answer 24

1) presidential papers and comments

- but privilege must yield to other important government interests

Question 25

what types of crimes can president pardon someone for

Answer 25

1) federal not state crimes

Question 26

what can president not pardon people for?

Answer 26

1) impeachment offenses and

2) not civil liability (ex civil contempt)