Separation of Powers (Executive Power) Flashcards
Executive Powers (VAPER)
Include:
- Veto power
- Appointment
- Pardon
- Enforcement
- Removal
Enforcement of Laws
The President can enforce but not create laws
Appointment Power
The President appoints “high-level officials” such as Ambassadors and Cabinet members with the advice and consent of the Senate.
Appointment of Inferior Officers
Congress technically has the power to appoint inferior officers (anyone who has a superior) but they can delegate to:
- the President
- the Judiciary
- the head of an executive department
Removal Power
- Executive officials- the President may remove any executive appointee (e.g. cabinet member or ambassador) without cause
- Executive officials having fixed terms or judicial or quasi-judicial functions- the President must have cause (e.g. FTC member)
- Federal judges- executive has no power (federal judges must be impeached by Congress)
Removal Power: Congressional Approval
Congress cannot require the President to get congressional approval before removing someone. Congress cannot remove an official itself.
Veto Power (Important Concepts)
Include:
- Veto Process
- Pocket Veto
- Congressional Override
- Line-item Veto
Veto Power: Veto Process and Override
Once Congress has passed legislation by a majority vote in each house, the President must sign the bill for it to become law. If the President vetoes it, Congress must override the veto (by a two-thirds vote from both houses). If the President takes no action within 10 days, it becomes law.
Veto Power: Pocket Veto
If the bill is presented to the President less than 10 days before the end of a legislative session, then the President can “pocket veto” it (meaning that if he takes no action, the bill will not become a law).
Veto Power: Line-Item Veto
A president cannot cancel particular provisions of new federal legislation. The president has to either accept a bill or veto it as a whole.
Pardon Power
-The President may grant pardons for federal crimes. Pardon power does not apply to state crimes or impeachment (it is not a criminal conviction)
Executive Privilege
- Absolute privilege- matters of national security
- Presumptive privilege- all other confidential communications (presumption is overcome when confidential communications are subpoenaed as evidence in a criminal trial).
Commander-in-Chief Powers
- The President is Commander-in-Chief of the military
- Only Congress has the power to declare war, if Congress has not done so, the President’s powers are limited to using military force in response to a surprise attack upon the U.S.
Treaty Power
The President has the power to make treaties with the consent of the Senate (the Senate must ratify by a two-thirds vote before it becomes federal law)
Treaties v. Federal and State Law
- Federal law –> Treaties have the same status as federal law and will override earlier federal law if ratified by the Senate. A new federal law enacted after the treaty will override that treaty.
- State law –> Treaties take precedence over any conflicting state law (regardless of whether the treaty precedes or follows the enactment of the state law).
