Powers of the President (Executive Power) Flashcards
What are the powers of the President as Chief of the Executive Branch?
- Enforcement of Laws
- Appointment Power
- Removal Power
Pardon Power
President may grant a pardon for Federal Offenses against the United States
- NOT state or civil claims
- Can’t be used to undo an impeachment and restore someone to officer
Presidents Power of Appointment
Article 2 auth. the president, with the advice and consent of the senate, to appoint all officers of the United States
How are high level executive branch officials appointed?
- Step 1 - The president appoints
- Step 2 - Senate Confirms
Who can appoint executive branch inferior officers ?
By default, the president appoints these officers and the senate confirms the appointment, BUT any of the following can appoint:
- The President
- The courts
- Heads of executive departments
Who is an inferior officer in the executive branch ?
An officer who has a superior
What are the limits on the President;s removal power?
President can remove executive officers at will and w/out cause unless:
- Cngress sets term on appointment, then they can only be removed for cause
- They are judicial or quasi judicial officials, who can only be reoved for cause
- The official is a special prosecutor investigating the president, who can’t be removed by the president
Can congress remove an executive branch official?
No
President’s Veto Power
Pres. has the power to veto a bill presented to him by congress
- Pres. has 10 days after presentment to act on the proposed legislation
- If he signs the bill = becomes a law OR
- Can veto the bill by sending it back, with objection to the house
How long does the President have to sign a bill approved by both the houses of Congress?
10 days to sign
What happens if the president doesn’t sign a bill w/in 10 days after it has received congressional approval?
By default, the bill is treated as if it was signed
- But if not signed & the congressional term ends b/f the 10 days lapsed then it is treated as a pocket veto (bill doesn’t become a law) b/c President couldn’t have returned it toits originating house
If the President vetoes a bill, what options are available to Congress? What if the veto is a pocket veto?
Congress can override the veto and enact the bill with 2/3 majority vote in House and Senate
- BUT a pocket veto never goes back for another vote
What is the validity of a line-item veto ?
Where the President approves part of the bill and removes other parts, is invalid b/c it violates the Presentment Clause - it lacks:
- Bicameralism AND
- Presentment
What does bicameralism require?
The entirety of a bill must be presented to both houses of congress
When does executive absolute Privilege apply?
When the subject matter at issue concerns national security secrets
When is the ececutive privilege presumed?
When the president engages in any sort of confidential communications
What are the president’s war powers when Congress has not declared war?
The president can respond to attacks but can’t initiate wars
When is the president’s military authority greater than that of congress?
The president has auth. over military tactical decisions
If the president signs a treaty with another nation, what must happen b/f it becomes law?
The treaty must be ratified by a 2/3 vote of the Senate
If a treaties conflicts with federal law, which will take priority ?
The one signed most recently prevails
If the president enters into an executive agreement, then how must it be ratified by Congress?
It doesn’t need to be ratified by Congress
If an executive agreement and a federal statute conflict, which one has priority ?
The federal Statute
What actions can the president take with the power to enter an executive agreement?
The president may enter into agreements with foreign governments
When are congressional limits imposed on the executive branch valid?
If the law is vlaid, then the limit is valid
Who has the sole power to impeach the president? How is this done?
The house of representatives has the sole power to impeach the President
- they do it by a majority vote
Who has the sole power to conduct a presidential impeachment trial ? How is this done?
The senate holds a presidential impeachment trial
- Need 2/3 vote to remove the President from office
