The Federal Executive Power

Question 1

Foreign Policy: What are treaties?

Answer 1

Are agreements between the US and a foreign that are negotiated by the Pres. and are effectiv when ratified (approved) by the Senate

Note: 2/3 of the Senate must approve

Question 2

Foreign Policy: True or False:

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

Answer 2

1. ) True
2. ) False. The treaty or statute adopted last controls
3. ) True

Question 3

What is an executive agreement?

When does it become effective?

Answer 3

Is an agreement between the US and a foreign country that is effecive when signed by the Pres. and the head of the foreign nation. (Doesn’t require consent of the Senate (ratificaton)!)

Question 4

True or False: Executive agreements prevail over conflicting state law and federal laws.

Answer 4

False. Only over conflicting state law. Not federal law.

Question 5

True of False: The Pres as Commander in Chief may use American troops in foreign countries.

Answer 5

True. Pres has broad power to use troops in foreign countries.

(On test look for answer that states “Court can’t answer becauase it is a politcal question. If that answer isn’t availble then answer the one that states “Yes, Pres can becasuse they have broad powers”

Question 6

Domestic Affairs: Appointment Powers

1. ) Who may the Presdent appoint?
2. ) Congress can vest appoint in who?
   3) Congress may give itself or its officer the appointment power

Answer 6

1. ) ambassadors, federal judges and officers of the US(Congress must sign off on but Pres elects)
2. ) - the inferior officers in the President
   - the heads of the departments or
   - the lower federal courts
3. ) False

Question 7

Domestic Affairs: Removal Power

True or False: President may not fire an executive branch.

Answer 7

1.) False. Pres may fire any executive branch office unless removal/firing of that branch is limited by statute.

Question 8

Domestic Affairs: Removal Power

What must occur for Congress to limit the President’s removal power?

Answer 8

1. ) Must be an office where independence fom the Presiden is desireable (Congress cant limit removal of the cabinet as opposed to the Prosecutor)
2. ) Can limit removal to where Pres must show good cause (after its already been show there is independence)

Question 9

Domestic Affairs: Impeachment and Removal

True or False: The President, VP, fed. judges and officers of the US can be ____ and ____ from the office for treason, bribery, or for high crimes and misdemeanors.

True or False: Impeachment does not remove a person from office.

Answer 9

1. ) True. impeached; removed
2. ) True. Can be impeached by House of Representaties (majority vote) but then need to be convicted by Senate (2/3 vote) to be kicked out of office.

Question 10

Domestic Affairs: Can the Pres be sued civilly for money damages?

Answer 10

No. Cannot be sued civilly for actions that were carried out in office in furtherance of his presidential duties (Absolute Immunity). But can be sued for shit that happend before they were president.

Question 11

Domestic Affairs:

True of False: President’s executive privelege for presidential papers and conversations is an absolute privelege?

Answer 11

False: This is not an absolute privelege. Such privelege yields to other important government interest

Question 12

Domestic Affairs:

True or False: The President has the power to pardon those accuse or convicted of federal crimes.

Answer 12

True.

Tips: -President can only pardon for federal liabilty. Not state courts.

-Pres can only pardon for criminal liability. Not civil