FEDERAL EXECUTIVE POWER

Question 1

Appointment Power

Answer 1

Appointment Power

• President–Can appoint ambassadors, federal judges, and other high-level officers with the advice and consent of the Senate
• Congress–Cannot give itself appointment powers

> > Can vest power to appoint inferior officers in President, courts, heads of departments or agencies
Inferior Officer = Usually those working under presidentially-appointed officers (i.e. can be fired by the appointed officer)

Question 2

Removal Power

Answer 2

Removal Powers

• President–Can remove high-level executive officers
  » Congress can statutorily limit President’s power to removal all other executive appointees (e.g. can require good cause for removal)
• Congress–Can only remove executive officers through its impeachment power
• Article III Judges cannot be removed “during good behavior”

Question 3

Impeachment

Answer 3

House can impeach the President, VP, federal judges, and federal officers for treason, bribery or high crimes and misdemeanors–requires majority vote

Upon impeachment, trial in the Senate–requires 2/3 vote for removal from office

Question 4

Immunity

Answer 4

President has absolute immunity from civil suits arising from official actions while in office

• No immunity for actions occurring prior to taking office

Question 5

Executive Privilege

Answer 5

Executive privilege protects against disclosure of presidential papers and conversations

• Important govt interests in criminal cases can override the privilege (e.g. Watergate–presidential documents and phone logs were disclosed for evidentiary purposes, which overrode the privilege)

Question 6

Pardon Power

Answer 6

President has the power to pardon those accused or convicted of federal crimes (not state crimes), except in cases of impeachment.

• President may also commute (shorten) sentences
• Congress cannot limit President’s pardon power

Question 7

Foreign Policy: Treaties & Executive Agreements

Answer 7

Article III gives the President authority to make treaties, appoint ambassadors, and act as Commander in Chief of the military

Treaties–Agreements between the U.S. and foreign countries negotiated by the President

• Become effective upon 2/3 ratification by the Senate, but do not need Senate consent to void
• Conflicts: If a treaty conflicts with other sources of law, these rules control

> > Conflicts with state law – Treaty prevails

> > Conflicts with federal law – Most recent prevails

> > Conflicts with Const. – Const. prevails

Executive Agreements–Agreements reached between the President and foreign heads of state

• Can be used for any purpose
• No congressional approval is required
• Conflicts: Executive agreements only prevail over conflicting state laws

Question 8

Federal Executive Power Quick Recap

Answer 8

A. Foreign policy

1. Treaties:
   a) Need 2/3 senate approval
   b) Prevail over state law
   c) Last in time prevails re federal statute
   d) Loses to us constitution
2. Executive agreements:
   a) No senate approval needed
   b) Prevail over state law
   c) Loses to federal statute
   d) Loses to us constitution

B. Domestic affairs

1. Appointment power
   a) President can appointment ambassador, federal judges, officers of us (senate approval needed)
   b) Congress can give inferior officer appointment power to president, department heads, and federal courts: Cannot give to congress itself.
2. Removal power
   a) President can fire any executive branch officer
   b) Congress can limit removal if independence from president is desirable and if good cause
3. Impeachment: For president, vice president, federal judges, US officers.
   a) Doesn’t remove person from office
   b) For high crimes and misdemeanors
   c) Need majority house vote (impeach) and 2/3 senate vote (convict/remove)
   d) President: Immunity to civil suits for actions while in office
4. President:
   a) Executive privilege for presidential papers: Yields to important government interest.
   b) Power to pardon for federal crimes only (not civil, not state)