Federal Executive Power Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Presidential Power to Conduct Foreign Policy

A
  • Treaties
  • Executive Agreement
  • Broad powers to use troops undre Commander and Chief authority
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Treaties

A
  • agreements between the US and a foreign nation that are negotiated by the President and are effect when ratified by the Senate
  • State laws that conflict with treaties are invalid
  • If conflicts with federal statute, last-in-time controls
  • conflict with US Constitution, treaty is invalid
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Executive Agreement

A
  • Executive Agreements–An agreement between the United States and a foreign country that is effective when signed by the PResdient and the head foreign nation.
    • No Senate approval is necessary
    • Can do anything he could do in treaty
    • Can be used for any purpose
    • Prevail over conflicting state law but never over federal laws or Constitution
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Presidential Power in Domestic Affairs

A
  1. Appointment and Removal Power
  2. Impeachment and Removal
  3. Immunity
  4. Executive Priviliges
  5. Pardon power
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Appointment Power

A
  • President appoints ambassadors, federal judges and officers of the United States subject to Senate approval
  • Congress may vest the appointment of inferior officers in the president, heads of department or lower federal courts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Removal Power

A
  • Unless removal is limited by statute, the president may fire an executive branch official.
  • Congress may, by statute, limit removal if two requirements are shown:
    • 1) To limit removal, must be an office where independence from the PResident is desirable AND
    • 2) Congress cannot prohibit removal; it can limit removal to where there is good cause shown
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Impeachment and Removal

A
  • The President, the VP, fedearl judges and all officers of the US can be impeached and removed from office for treason, bribery, and high crimes & misdemeanors
    • Does not remove them from office
    • Impeachment in House requires majority vote; conviction and removal in senate is 2/3 vote
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Presidential Immunity

A
  • Absolute immunity to civil suits for money damages for any actions while in office
  • No immunity for actions occurring prior to taking office
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Executive Privilige

A

Executive privilige for Presidental papers and conversation but must yield privilige to other important governmental interests

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Pardon power

A
  • President may pardon anyone accused or convicted of a federal (not state crime)
  • A person impeached by the House cannot be pardoned including for the underlying crimes leading to impeachment
  • Does not apply to civil liability (civil contempt is not pardonable)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly