III. Federal Executive Power

Question 1

Foreign policy - treaties

Answer 1

Treaties are agreements between the United States and a foreign country that are negotiated by the President and are effective when ratified by the Senate.

1. Treaties prevail over conflicting state laws
2. If a treaty conflicts with a federal statute, the one adopted last in time controls
3. If a treaty conflicts with the United States Constitution, it is invalid

Question 2

Executive agreements

Answer 2

1. Definition: An executive agreement is an agreement between the US and a foreign country that is effective when signed by the President and the head of the foreign nation.
2. Executive agreements can be used for any purpose. Anything that can be done by a treaty can be done by an executive agreement
3. Executive agreements prevail over conflicting state laws, but never over conflicting federal laws or the Constitution

Question 3

Appointment and removal power

Answer 3

The appointment power

1. The President appoints ambassadors, federal judges and officers of the United States. Senate must confirm, but President nominates
2. Congress may vest the appointment of inferior officers in the President, the heads of departments or the lower federal courts. Congress may vest the appointment of the special prosecution In the lower federal courts
3. Congress may not give itself or its officers the appointment power

The removal power. Unless removal is limited by statute, the President may fire any executive branch office.

1. For Congress to limit removal, it must be an office where independence from the President is desirable and
2. Congress cannot prohibit removal, it can limit removal to where there is good cause

Question 4

Impeachment and removal

Answer 4

The President, the Vice-President, federal judges and officers of the United States can be impeached and removed from the office for treason, bribery, or for high crimes and misdemeanors

1. Impeachment does not remove a person from office
2. Impeachment by the HR requires a majority vote; conviction in the Senate requires a 2/3 vote

Question 5

Executive immunity

Answer 5

The President has absolute immunity to civil suits for money damages for any actions while in office. However, the President does not have immunity for actions that occurred prior to taking office.

Question 6

Executive privilege

Answer 6

The President has executive privilege for presidential papers and conversations, but such privilege must yield to other important government interests.

Question 7

Pardons

Answer 7

The President has the power to pardon those accused or convicted of federal crimes. Exception: No pardon if there has been an impeachment.

• Tips: The President can pardon only for federal crimes
  
  • The President can pardon only for criminal, not civil offenses