Federal Executive Power Flashcards
What are Treaties and when do they become effective?
Treaties are agreements between the U.S. and a foreign country
Negotiated by the President
Effective once ratified by the Senate
Treaties and Executive Orders will always prevail over which type of law?
State law
If a Treaty conflicts with Federal law, which takes precedent?
The last in time controls.
Treaties and Executive Orders are ALWAYS invalid if they conflict with which type of law?
The Constitution
What is an Executive Order?
An agreement between the U.S. and a foreign government
Effective once signed by the President and the foreign country
Does an Executive Order require Senate approval?
No, it’s effective once signed by the President and Foreign State.
If an Executive Order and a Federal law conflicts, which prevails?
Federal law
Who has powers as Commander-in-Chief of the U.S. army?
The President
Who has the power to appoint and remove officers of the US?
The President
Can Congress the President’s removal power?
Yes, but only if:
— It relates to an office where independence from the President is desirable
— A Statute cannot prohibit removal altogether (only limit if there’s good cause)
Which type of officers can Congress vest an appointment Power?
Inferior officers in the President or the lower or Heads of Department.
How can Congress remove executive officers?
Generally, only through impeachment
What’s the vote required by each of the House or Representatives and the Senate to impeach a senior executive officer?
House = majority
Senate = 2/3 vote
Will an executive officer be automatically removed from office once impeached?
No
The President has absolute immunity from which suits and for what timeframe?
Civil suits for money damages, but only whilst in office (not prior).
