Federal executive powers

Question 1

Foreign relations: treatises and executive agreements: similarities b/w the two

Answer 1

agreements b/w US and foreign country

negotiated by president for any constitutional purpose

Question 2

Foreign relations: treatises and executive agreements: differences b/w the two as to when effective

Answer 2

treaties- ratified by 2/3 of senate

executive agreements- signed by President and foreign leader

Question 3

Foreign relations: treatises and executive agreements: Conflict of laws (5)

Answer 3

US Constitution

Treaty vs. fed law (last in time rule)

Executive agreements

State Constitution

State law (statute, regulation, judicial order)

Question 4

Foreign relations: warmaking power: president may introduce American armed forces into foreign hostilities under 2 circumstances:

Answer 4

1) when congress has EXPLICITLY or IMPLICITLY granted authority to do so
2) when NATIONAL INTEREST requires such action, PROVIDED that Congress has not EXPLICITLY DISAPPROVED of the specific Presidential action

Question 5

Foreign relations: warmaking power: is judicial review likely?

Answer 5

no unless president defies Congressional mandate

court could declare it a “political question” to be determined by co-equal political branches of fed govt

Question 6

Domestic affairs: “Take care” clause: President has a duty to…

Answer 6

take care tat the laws be faithfully executed

therefore, president can’t refuse to spend appropriated funds when Congress has explicitly required that they be spent