Federal Executive Power Flashcards
What is a treaty?
An agreement between the US and a foreign country, negotiated by the President
When is a treaty effective?
When ratified by the Senate, unless self-executing
When a treaty conflicts with a state law, which prevails?
The treaty. Conflicting state laws are invalid.
When a treaty conflicts with federal law, which prevails?
The one adopted last in time.
When a treaty conflicts with the Constitution, which prevails?
The Constitution
What is an executive agreement?
An agreement between the US and a foreign country, effective when signed by the president and the head of the foreign nation.
When an executive agreement conflicts with a state law, which prevails?
The executive agreement.
When an executive agreement conflicts with federal law, which prevails?
The federal law, regardless of when it was adopted.
When an executive agreement conflicts with the Constitution, which prevails?
The Constitution
What is the difference between a treaty and an executive agreement?
An executive agreement does not need to be ratified by the Senate. Otherwise, their scopes are the same.
What are the President’s appointment powers?
The President appoints ambassadors, federal judges, and officers of the United States.
Note: These appointments are subject to Senate confirmation.
What are Congress’ appointment powers?
Congress may vest the power to appoint inferior officers in the President, the heads of departments, or the lower federal courts
What are the President’s removal powers?
The President may remove any executive branch official
May Congress limit the President’s removal power?
Yes, if the office is one where independence from the President is desired
Congress may not prohibit the removal power, but it may limit the power to where good cause is shown
Who may be impeached?
The President, Vice President, federal judges, and all officers of the United States
