Federal Executive Powers Flashcards
What are the President and Congress’ respective Appointment Powers? What about removal powers?
The president may appoint high level officers (eg. ambassadors and SC justices) with approval and consent of Senate. Congress may allow the president to appoint inferior officers alone.
The president may remove purely executive officers. Congress may do this only through impeachment.
What is the President’s Veto Power? Is it absolute?
What happens if the president does not veto and congress is not in session versus when congress is in session?
The president may veto a law passed by Congress, but Congress may override the veto with a 2/3 vote in each house.
If the president does not veto the law in 10 days and: 1) congress is not in session, then the law is vetoed 2) congress is in session, the law passes
What affects the validity of the President’s executive orders?
If the president acts with express or implied authority from Congress, the order is likely valid.
If the president acts on an area where Congress is silent, the order is valid unless it usurps the power of another governmental branch
If the president acts in defiance of Congress, the order is likely invalid
Can the president declare war?
No. Congress alone has the power to declare war, but the president can deploy troops abroad, even into actual hostilities.
What are treaties? How are they approved? Do they trump state and federal laws?
Treaties are agreements with foreign parties. Treaties have to have approval from 2/3 of the Senate. Treaties trump state laws, but only trump past federal laws. The Constitution always trumps a treaty.
What are executive agreements? How are they approved? Do they trump state and federal laws?
Executive agreements are agreements between the president and another head of state. They do not require approval of the Senate. Executive agreements trump state laws, but do not trump federal laws.
What is executive privilege? When is it limited?
Executive privilege protects the president’s communications. But, in criminal proceedings, these communications may have to be disclosed if the prosecution demonstrates that need.
What is executive immunity?
The president has absolute immunity from civil damages for actions taken while in office. The president lacks immunity from criminal subpoenas.
How can we impeach the president?
A majority vote in the House and a 2/3 vote in the Senate
T/F: The president has plenary (absolute) authority to conduct the foreign affairs of the United States? Why?
False. Congress can limit the president’s ability to conduct foreign affairs, such as through limiting the president’s ability to wage war by controlling the military budget.
T/F: A statute can require the president to appoint a US ambassador from a list of three individuals.
False. The president has the power to appoint whoever he pleases (so long as Senate approves and consents) and is not confined to choosing from a shortlist.
T/F: A statute can provide that once the president appoints a high ranking official, Senate is deemed to give confirmation automatically after a set time period.
False. Senate must give actual approval and consent.
