Federal Executive Powers

Question 1

How canPOTUS exercise his foreign policy power?

Answer 1

1) Treaties = agreements between the US and a foreign country

** They are NEGOTIATED by POTUS, but RATIFIED by the Senate

2) Executive agreements = agreements between the US and a foreign country that’s effective when signed by POTUS (ALONE) and the head of the foriegn government

** Can be used for any purpose (that would be proper for a treaty)

3) Commander-in-Chief powers = POTUS has BROAD powers as CIC to use American troops in foreign countries

**NOTE: this is ALSO a political question that WON’T be heard by Art. III courts

Question 2

What is the appointment process for officers and “inferior officers”?

Answer 2

1) Officers: appointed by POTUS with Senate approval

2) Inferior officers (can be fired): Congress MAY vest appointment in
(i) POTUS;
(ii) heads of Depts; OR
(iii) lower fed courts

** Congress cannot vest the power in itself

Question 3

What is the appointment process for ambassadors?

Answer 3

Appointment by POTUS

Approval by SENATE

Question 4

What is the appointment process for federal judges?

Answer 4

Appointment by POTUS

Approval by SENATE

Question 5

What power does POTUS have to remove executive branch officials?

Answer 5

POTUS may fire ANY executive branch officer, UNLESS that power is limited by Congress

Congress can limit power IF…

1) It’s an office where independence from the President is desirable; AND
2) It is limited to “good cause shown” not an outright ban on removal

Question 6

What federal officers can be impeached, and for what acts?

Answer 6

1) Federal officers =
- POTUS
- VPOTUS
- Federal judges
- Officers of the US

2) Impeachable acts =
- Treason
- Bribery
- High crimes/misdemeanors

Question 7

What doesimpeachment and conviction require?

Answer 7

Impeachment requires a MAJORITY vote by the House

** NOTE: impeachment alone doesn’t remove a person from office

Conviction requires 2/3 vote by the Senate

Question 8

What is the scope of POTUS’s immunity from suit?

Answer 8

POTUS has ABSOLUTE immunity to CIVIL suits for MONEY damages for actions WHILE in office

NOTE: POTUS does NOT have immunity for actions that occurred PRIOR to taking office

Question 9

What is the scope of executive privilege?

Answer 9

POTUS has executive privilege for presidential papers and conversations, BUT such privilege MUST YIELD to other important government interests (e.g. a criminal trial)

Question 10

What is the scope of POTUS’s pardon power?

Answer 10

POTUS may pardon anyone accued or convicted of FEDERAL (not state) CRIMES

EXCEPTION: POTUS may not pardon a person who has been impeached by the House (can NEVER be pardoned)

This power does NOT apply to CIVIL liability

Question 11

In what order are the supremacy of the laws?

Answer 11

Constitution
Federal Law or Treaty (last in time)
Executive Agreement
State Law