Federal Executive Power

Question 1

What are the Federal Executive Powers for Foreign Policy?

Answer 1

1. Treaties.
2. Executive Agreements
3. War Powers

Question 2

Federal Executive Powers for Treaties

Answer 2

Agreement btwn US and foreign country; negotiated by President and effective when ratified by Senate.

1. Treaties prevail over conflicting state laws.
2. If a treaty conflicts w/ a federal statute, the one adopted most recently controls (last in time wins)
3. If a treaty conflicts with the US Constitution, it is invalid (Supremacy Clause).
4. President has power to override a treaty if violated under is foreign powers.

Question 3

Federal Execuitve Powers for Executive Agreements

Answer 3

Agreement btwn US and foreign country, effective when signed by President and foreign head (no need for Senate approval)
1. EA valid for any purpose. Prevails over existing state law, but never over conflicting federal law or Const.

Question 4

Federal Execuitve War Powers

Answer 4

War is declared by Congress but President has broad powers as Commander in Chief to use American troops in foreign countries (even if war has not been declared).

Question 5

What are Federal Executive Powers in Domestic Affairs?

Answer 5

1. Appointment Power
2. Removal Power
3. Impeachment
4. Absolute Immunity
5. Executive Privilege
6. Pardon Power
7. Intergovernmental Immunity

Question 6

Appointment Power

Answer 6

President appoints ambassadors, federal judges, and officers of the US. The Senate must confirm the nomination for the person to take officer, but the appointment power rests solely with the President.
1. Congress may vest the appointment of inferior officers in the President (heads of dept or lower federal courts). But, Congress may not give itself or its officers the appointment power.*

Question 7

Removal Power

Answer 7

Unless limited by statute, the President may fire any executive branch office.

1. Congress cannot prohibit removal, but it can limit removal where there is good cause (for office where independence from Pres is desirable). Note: Congresses may remove from exec only thru impeachment.
2. For Congress to limit removal, it must be an office where independence from President is desirable.

Question 8

Impeachment Power

Answer 8

President, VP, federal judges, and officers of US can be impeached and removed from office for treason, bribery, or for high crimes and misdemeanors.

1. Impeachment does not remove a person from office (if House impeaches, there is a trial in Senate)
2. Impeachment by House of Rep requires majority vote: conviction for removal in Senate requires 2/3 vote.

Question 9

Presidential Immunity

Answer 9

President has absolute immunity to civil suits for $ damages for any actions while in office. But no immunity for conduct that occurred before taking office.

Question 10

Presidential Executive Privilege

Answer 10

President has executive privilege for presidential papers/conversations (yields to other important gov interests.)

Question 11

Presidential Ability to Pardon

Answer 11

President has power to pardon those accused/convicted of FEDERAL crimes (does not apply to state criminal liability; and does not apply to civil liability, or to crimes for which a person has been impeached).

Question 12

Presidential Immunity

Answer 12

Federal gov/agencies are immune from state regulation that interferes w/ federal activity/program. State law must yield to extent of the interference. (However, specific relief is appropriate if a federal officer acts beyond the scope of his authority).

Question 13

Power for Executive Orders

Answer 13

The President can issue executive orders, subject to the following test: (1) where the President acts with the express or implied authority of Congress, his authority is at its maximum and his actions likely are valid; (2) where the President acts where Congress is silent, his action will be upheld as long as the act does not take over the powers of another branch of the government or prevent another branch from carrying out its tasks; (3) where the President acts against the express will of Congress, he has little authority and his action is likely invalid.

Question 14

President’s War Powers

Answer 14

President has extensive military powers, including power to act over domestic affairs involving military necessities.

Question 15

Intergovernmental Tax and Regulation Immunities

Answer 15

Under the Tenth Amendment, Congress cannot require the states to regulate their own citizens; President cannot “commandeer” state officials