The Federal Executive Power

Question 1

Who negotiates treaties?

Answer 1

POTUS

Question 2

When are treaties effective?

Answer 2

Once ratified by Senate

Question 3

When the two are in conflict, which prevails: treaty or state law?

Answer 3

Treaty

Question 4

When the two are in conflict, which prevails: treaty or federal law?

Answer 4

The one adopted last in time

Question 5

When the two are in conflict, which prevails: treaty or U.S. Constitution?

Answer 5

U.S. Const.

Question 6

What is an executive agreement and when it is it deemed to be effective?

Answer 6

An agreement between POTUS and a foreign country.

Effective when signed by the President and the head of the foreign nation.

Question 7

Executive agreements can be used for what purpose?

Answer 7

Any

Question 8

True or False: Anything that can be done by treaty can be done by an executive agreement?

Answer 8

True

Question 9

Executive agreements prevail over conflicting __________ but never over conflicting ________ or _________.

Answer 9

Prevail over conflicting state laws

Never over conflicting federal law or Constitution

Question 10

If there is every a question as to whether POTUS had the power to use American troops in a foreign country, respond by saying that . . .

Answer 10

The POTUS has broach powers as Commander-in-Chieg to use American troops in foreign countries.

Question 11

Who appoints ambassadors, federal judges, and officers of the US: POTUS or Congress?

Answer 11

POTUS

Question 12

Who appoints inferior officers? POTUS or Congress?

Answer 12

Congress

Question 13

Congress may vest the appointment of inferior officers in which three persons/positions?

Answer 13

POTUS, the heads of departments, or the lower federal courts.

Question 14

Define an “inferior officer”

Answer 14

Someone who can be fired by a superior.

Question 15

Congress may/may not give itself the appointment power.

Answer 15

May not

Question 16

The President may not make recess appointments for intrasession recesses that are less than how long?

Answer 16

10 days

Question 17

Unless removal is limited by statute, who may fire any executive branch officer: POTUS or Congress?

Answer 17

POTUS

Question 18

Can Congress strip the president of his removal power?

Answer 18

Cannot strip. Can OCCASIONALLY limit.

Question 19

For Congress to limit POTUS’s removal power, what two things must be true?

Answer 19

The office at issue must be one where independence from POTUS is desirable; AND

Removal can only be limited to “for good cause”

Question 20

What are the three categories of impeachable defenses?

Answer 20

Treason

Bribery

High Crimes and Misdemeanors

Question 21

What government officials are subject to impeachment? (4)

Answer 21

POTUS

VPOTUS

Federal Judges

Officers of the US

Question 22

Impeachment by the House requires how many votes? How many for Senate?

Answer 22

Majority

2/3

Question 23

The President has absolute immunity to suits for money damages for ___, but not for _____.

Answer 23

Actions while in office

NOT for actions that occurred prior to taking office.

Question 24

The POTUS has executive privilege for __________ and _______.

Answer 24

Presidential papers AND

Conversations

Question 25

What will cause POTUS’s executive privilege to yield?

Answer 25

Other important gov’t interests

Question 26

The President has the ability to pardon whom?

Answer 26

Those accused or convicted of federal CRIMES (never civil liability).