The Executive Power Flashcards
How may Congress remove executive officers?
Only through the impeachment process
Congress may not restrict the President from removing the head of an independent agency if:
That person is the sole director and has significant executive power
True or false: The President can remove high level-purely executive officers (e.g., Cabinet members) at will, without any interference by Congress.
True
Explain the veto power, including overriding a veto, line-item vetoes, and pocket vetoes.
If the President disapproves an act of Congress, he may refuse to sign it into law and return it to Congress.
A veto may be overridden, and the act may still become law, by a two-thirds majority in both houses of Congress.
Line-item vetoes are not permitted. The President may only fully accept or fully reject an act of Congress as presented to him.
The President has 10 days to exercise the veto power. If the President fails to act in that time, the bill is automatically vetoed if Congress is not in session. If Congress is in session, the bill becomes law.
True or false: Challenges to the President’s conduct as commander-in-chief are likely to be viewed as nonjusticiable political questions.
True
What happens when a treaty conflicts with federal law? With the Constitution?
A conflict between a congressional act and a valid treaty is resolved by order of adoption: the last in time prevails.
Treaties are inferior to the Constitution; a treaty may not be inconsistent with the Constitution.
What is an executive agreement? How are conflicts with state and federal law handled?
Executive agreements are signed by the President and the head of a foreign country. They can be used for any purpose that treaties can be used for, and they do not require the consent of the Senate (as opposed to treaties).
If a state law conflicts with an executive agreement, the agreement prevails. If a federal law conflicts with an executive agreement, the federal law prevails.
