Federal Executive Power Flashcards
1
Q
Presidential Power to Conduct Foreign Policy
A
- Treaties
- Executive Agreement
- Broad powers to use troops undre Commander and Chief authority
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
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
4
Q
Presidential Power in Domestic Affairs
A
- Appointment and Removal Power
- Impeachment and Removal
- Immunity
- Executive Priviliges
- Pardon power
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
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
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
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
9
Q
Executive Privilige
A
Executive privilige for Presidental papers and conversation but must yield privilige to other important governmental interests
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)