Federal Executive Power Flashcards
What are the president’s domestic powers?
- appointment and removal
- pardons
- veto power
- implied presidential powers (highest where authorized by congress; lowest where prohibited by congress; grey area if neither)
What are the president’s war powers?
- Congress alone, not president, has power to declare war
- BUT, president as Commander in Chief has broad discretion to deploy troops internationally to protect american lives and property (non-justiciable)
What is the difference between how treaties and executive agreements are created?
Treaties: president negotiates + 2/3 of senate must approve
Executive agreements: president negotiates and no senate approval required
How supreme are treaties compared to federal and state law?
State law: treaties trump existing and future state law
Federal law: treaties trump existing (but not future) federal law
How supreme are executive agreements compared to federal and state law?
State law: EA trumps existing and future state law
Federal law: federal law always trumps
What are a president’s appointment powers?
Prez, not Congress, appoints ambassadors, SCOTUS, and officers with advice and consent of Senate
Congress may vest appointment of Inferior officers to president, agency heads, or courts (but not itself)
How may appointees be removed?
President: Prez can generally remove officers at will, but not if Congress placed a limit for good reason (e.g. special counsel “for good cause”)
Congress: can remove executive officers only through impeachment
What is the president’s pardon power?
Prez can grant pardons for all FEDERAL offenses (except for impeachment or civil contempt)
*Congress can’t limit pardon power
What is president’s veto power?
If president disapproves act of Congress, act may still become law if overriden by 2/3 vote of each house.
What is a pocket veto?
President has 10 days to veto a bill once it is presented.
Congress in session: if he fails to veto in time, it becomes a law
Congress not in session: if he fails to veto in time, it is automatically vetoed
What are the president’s power over external affairs?
- war (see earlier card)
- foreign relations: represent US in day-to-day foreign relations
- treaty power: power to enter into treaties with 2/3 Senate consent
What is the president’s executive privilege?
Prez has privilege to keep certain communications (e.g. national security secrets) confidential.
*exception: criminal proceedings where the need for information is demonstrated
What is the president’s executive immunity?
Prez has absolute immunity from civil damages based on action he took within his official responsibilities.
BUT, no immunity for actions taken before president or outside of official responsibilites
How does impeachment work for the President or VP?
Grounds: treason, bribery, high crimes and misdemeanors
Majority vote in the House to invoke charges and 2/3 vote in Senate to convict
