Federal Interbranch Relationships

Question 1

What are the Congressional limits on the executive branch?

Answer 1

Impeachment
Appropriation
Legislative veto (but not really)

Question 2

How can Congress impeach an executive official?

Answer 2

The house of Representatives may impeach (bring charges) by a majority vote.

The Senate tries the impeach official.
-> two-thirds vote is necessary for conviction

Question 3

How does Congress’s appropriate limit on the executive work?

Answer 3

If Congress explicitly mandates expenditure of funds, the President CANNOT impound those funds (e.g., refuse to spend them).

Question 4

Can Congress use a legislative veto against the President’s actions?

Answer 4

It is unconstitutional for Congress to attempt a legislative veto of an executive action.

Question 5

Can Congress delegate its legislative power to the executive branch?

Answer 5

Delegation of some of Congress’s authority to the executive branch is constitutional IF Congress specifies an “intelligible principle” to guide the delate.

Question 6

What are two common nondelegable powers from Congress?

Answer 6

Impeachment power
Power to declare war

Question 7

What immunities does the judicial branch have?

Answer 7

A judge has absolute immunity from civil liability for damages resulting from judicial acts.

No immunity regarding nonjudicial activities such as hiring and firing court employees.

Question 8

What immunities does the legislative brach have?

Answer 8

No civil or criminal liability for statements and conduct made in the regular course of the legislative process by members of Congress.

Question 9

What privilege does the execute branch have?

Answer 9

A qualified privilege with respect to the disclosure of confidential information by the executive branch to the judiciary or Congress.

Question 10

What are the immunities the President has?P

Answer 10

The president may not be sued for civil damages with regard to any acts performed as part of the president’s official responsibilities.

Question 11

What are the immunities the President have with regards to:
-> civil actions
-> criminal proceedings
-> congressional subpoena

Answer 11

Civil action
-> no immunity from a civil action based on conduct alleged to have occurred before the president took office or completely unrelated to carrying out his job
-> the president may be subject to such a suit even while in office

Criminal proceedings
-> no immunity from compliance with a subpoena in federal or state proceedings

Congressional subpoena
-> executive privilege when the subpoena regards official duties
-> when the subpoena involves personal matters it is at the court’s discretion and subject to restrictions