Separation of Powers: Executive Power

Question 1

Chief Executive

Answer 1

1) President can enforce but not create laws

2) Appointment power: appoints high level officials with the advice and consent of the senate

Question 2

Congress can delegate appointment of inferior offices to

Answer 2

the president, the judiciary, or the head of an agency

Question 3

What is an inferior officer?

Answer 3

anyone with a superior

Question 4

Removal Power

Answer 4

1) President may remove any executive appointee without cause
2) President must have cause to remove executive officers with fixed terms and officers who perform judicial or quasi-judicial functions (member of Federal Trade Commission)

Question 5

Veto Power

Answer 5

President may veto an entire bill but cannot issue a line item veto
(congressional override - can override a veto by a two thirds vote in both the Senate and House

Question 6

Pardon Power

Answer 6

Can issue pardons for federal crimes only

Question 7

Commander in Chief

Answer 7

Military powers:

1) If congress has not declared war, President’s powers are limited to: using military force in response to a surprise attack upon the Us
2) If President and Congress disagree, President prevails with respect to battle field tactical decisions

Question 8

International Affairs

Answer 8

Treaty Power:
1) President may enter treaties but requires 2/3 vote of the senate to become effective
2) treaties and federal law: treaties have the same status as federal law and will override earlier federal law
3) treaties and state law: treaties take precedence over any conflicting state law
Executive Agreements:
2) President may enter into executive agreements with foreign nations ( does not require senate approval )
federal law: executive agreements do not prevail over federal law
state law: executive agreements prevail over inconsistent state law

Question 9

Congressional Limits on the executive

Answer 9

1) Impeachment power: the house has the sole power to impeach and the Senate tries the impeachment (need 2/3 vote to convict)
2) impeachable offenses: treason bribery and other high crimes and misdemeanors
3) appropriations powers: where congress by legislative act explicitly directs the president to spend appropriated money, president has no power to impound the authorized funds.

Question 10

Once Congress has passed legislation by a majority vote in each house, the President must sign it for it to become law. If the President vetoes it, Congress must override the veto. If the president takes no action within:

Answer 10

10 days, it becomes a law.

Question 11

Pocket veto:

Answer 11

If the bill is presented to POTUS less than 10 days before the end of a legislative session, the the president can pocket veto it.

Question 12

Executive Privilege

Answer 12

Absolute and Presumptively privileged