Federal Interbranch Relationships Flashcards
Impeachment
President, VP, and civil officers can be removed from office by impeachment for criminal conviction of treason, bribery, or other high crimes and misdemeanors
House of Reps may impeach by majority vote , then the Senate tries the impeached official and need 2/3 vote for conviction.
Funds Appropriated by Congress
If President tries to impound funds appropriated by congress (allocation, distribution, or expenditure), then it’s a violation of the separation of powers.
Congress fails to mandate? not a violation
Legislative Veto
Unconstitutional for Congress to retain direct control over the actions of an executive agency, rather than going through the proper channels of passing a bill
Delegation of Legislative Power
Congress may not delegate legislative powers to any other branch of gov.
However, delegation of some of congress’ authority to the executive branch has been held constitutional, so long as there’s an intelligible principle to guide the delegate.
“Congress exceeded its power to delegate”
always incorrect answer. There’s no limitation on congress’s ability to delegate
Congressional Power after a final judgment
Congress cannot reinstate the right to bring legal action after the judgment in the action has become final.
Judicial Immunities & Privileges
A judge has absolute immunity from civil liabilities resulting from judicial acts.
NOT immune to lawsuits regarding nonjudicial activities (hiring and firing court employees)
Speech or Debate Clause
Protects members of congress from civil and criminal liability for statements and conduct made in the regular course of the legislative process.
DOES NOT FORECLOSE PROSECUTION OF A CRIME
Executive Privilege - Criminal Trial
Presidential communications must be made available in a criminal case if the prosecution demonstrates a need for the info
Judge can examine by camera.
Exec. Privilege - Historical Preservation
Congress can require the preservation of presidential papers and tape recordings
Exec Privilege - State Secrets
Claims of privilege based on national security are generally accorded enhanced deference.
Presidential Immunities
President can’t be sued for civil damages with regard to any acts performed as part of the president’s official responsibilities.
President is not immune from
actions based on conduct alleged to have occurred before President took office.
Senior Presidential Advisors Immunity
Not entitled to absolute executive immunity
Federal Officials Immunity
Entitled to qualified immunity from liability when the official’s conduct doesn’t violate clearly established statutory and constitutional rights a reasonable person would have known.
