Federal Executive Power Flashcards
T/F: If a treaty conflicts with federal law, the last in time wins.
True.
T/F: President may grant pardons for all federal offenses and it cannot be limited by Congress.
True, except not impeachment or civil contempt
Explain president’s veto powers:
(a) if president vetos, it can become law if voted yes by 2/3 of House and Senate
(b) 10 days to exercise power; if not done, it will be vetoed if Congress is not in session
(c) must reject or accept totality of bill, no line item veto (keep what you want)
T/F: If the president acts where Congress is silent, his action will be upheld unless it usurps the power of another governmental branch or prevents another branch from carrying out its tasks.
True.
T/F: President has no power to refuse to spend appropriated funds when Congress has expressly mandated that they be spent.
True.
What’s the hierarchy of US law?
Includes: state law, Constitution, treaties and federal statutes, and executive agreements
Constitution
federal statutes
executive agreements (between president + foreign head of state)
state law
How do you impeach a president and why did it fail for Trump?
(ok, only the first)
A majority in the House to invoke the charges + 2/3 Senate vote to convict and remove
During a presidential campaign, a candidate’s campaign manager secretly engaged in activities that may have violated both state and federal laws. After the candidate was elected President, the FBI investigated the manager’s activities as well as whether the President was involved. After the campaign manager was indicted in federal court, but before trial, the President granted a blanket pardon to the campaign manager for “all federal crimes that may have been committed in the past 20 years.”
Is the pardon valid?
A - Yes, because the pardon power is an unqualified power (except as to impeachment).
B - No, because a presidential pardon that interferes with an inquiry into the President’s own actions constitutes an obstruction of justice.
C - No, presidential pardons must relate to specific crimes; the President cannot issue blanket pardons.
(A) The pardon is valid. President has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. This pardon power is not subject to control by Congress, and it includes the power to commute a sentence on any conditions the President chooses (as long as the conditions do not offend some other constitutional provision).
After the release of various news stories about the President’s possible violation of political campaign funding laws, a federal grand jury investigation and an investigation by a special Senate subcommittee were initiated. The Senate subcommittee subpoenaed documents and records from several top officers of the executive branch. Learning of the subpoenas, the President ordered all executive officials to refuse to turn over materials, claiming “executive privilege.”
Which of the following statements is most accurate?
B - The President’s executive privilege is absolute, except in cases of impeachment.
C - The presidential papers are presumptively privileged, but the privilege must yield to a demonstrated specific need for evidence in a pending legislative proceeding.
D - The President’s executive privilege applies to proceedings by Congress, but not to proceedings by the courts.
Executive privilege is an inherent privilege necessary to protect the confidentiality of presidential communications. Under this privilege, presidential documents and conversations are presumptively privileged, but this privilege must yield to a demonstrated need for such materials as evidence in a criminal case in which they are relevant and otherwise admissible.
