Federal Executive Power Flashcards
what is the power of president for foreign affairs
presidents power is paramount to represent and act for US. Power to recognize foreign states lies exclusively with the President
what is required for treaties
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
state laws that conflict with treaties are what?
invalid
what if a treaty conflicts with federal statute?
one adopted LAST IN TIME controls the earlier
if treaty conflicts with constitution the treaty is
invalid.
what is an executive agreement?
an agreement b/w the US and foreign state that is effective when signed by President and head of foreign state.
what can executive agreements be used for
ANY reasons. just as treaties.
Do executive agreements need to be ratified by senate?
NO
What will executive agreements win over?
conflicting state laws
what will executive agreements NEVER win over?
1) federal law or
2) constitution
what can president do as commander in chief?
president has broad powers as Commander-in-Chief to use American troops in foreign countries.
-courts wont hear for political question
what are the 2 main parts for executive for domestic affairs?
appointment powers and removal
who does the president appoint?
1) Ambassadors
2) Federal judges and
3) OFFICERS
- although senate must approve nomination
how can congress vest appointment of INFERIOR officers
1) in the president
2) heads of departments
3) lower federal courts
when can president make appointments w/o senate approval?
when senate is in recess of sufficient duration
when is senate in recess?
when the senate states it is in recess.
who can president fire?
any officer
when can Congress limit the presidents removal power? (2 requirements)
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
what types of things are impeachable?
treason, bribery, high crime and misdemeanors
does impeachment remove a person from office
NO
how to remove president, vice president, federal judges and officers
1) impeachment by House of Reps requires a MAJORITY vote
2) conviction in senate requires a 2/3 vote.
what does president have absolute immunity to?
for civil suits for money damages for ANY actions while carrying out the duties of the office
what does the president not have immunity for?
for actions that occurred PRIOR to taking office.
what type of things does president have executive privileges for
1) presidential papers and comments
- but privilege must yield to other important government interests
