The Federal Executive Power Flashcards
Who negotiates treaties?
POTUS
When are treaties effective?
Once ratified by Senate
When the two are in conflict, which prevails: treaty or state law?
Treaty
When the two are in conflict, which prevails: treaty or federal law?
The one adopted last in time
When the two are in conflict, which prevails: treaty or U.S. Constitution?
U.S. Const.
What is an executive agreement and when it is it deemed to be effective?
An agreement between POTUS and a foreign country.
Effective when signed by the President and the head of the foreign nation.
Executive agreements can be used for what purpose?
Any
True or False: Anything that can be done by treaty can be done by an executive agreement?
True
Executive agreements prevail over conflicting __________ but never over conflicting ________ or _________.
Prevail over conflicting state laws
Never over conflicting federal law or Constitution
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 . . .
The POTUS has broach powers as Commander-in-Chieg to use American troops in foreign countries.
Who appoints ambassadors, federal judges, and officers of the US: POTUS or Congress?
POTUS
Who appoints inferior officers? POTUS or Congress?
Congress
Congress may vest the appointment of inferior officers in which three persons/positions?
POTUS, the heads of departments, or the lower federal courts.
Define an “inferior officer”
Someone who can be fired by a superior.
Congress may/may not give itself the appointment power.
May not
The President may not make recess appointments for intrasession recesses that are less than how long?
10 days
Unless removal is limited by statute, who may fire any executive branch officer: POTUS or Congress?
POTUS
Can Congress strip the president of his removal power?
Cannot strip. Can OCCASIONALLY limit.
For Congress to limit POTUS’s removal power, what two things must be true?
The office at issue must be one where independence from POTUS is desirable; AND
Removal can only be limited to “for good cause”
What are the three categories of impeachable defenses?
Treason
Bribery
High Crimes and Misdemeanors
What government officials are subject to impeachment? (4)
POTUS
VPOTUS
Federal Judges
Officers of the US
Impeachment by the House requires how many votes? How many for Senate?
Majority
2/3
The President has absolute immunity to suits for money damages for ___, but not for _____.
Actions while in office
NOT for actions that occurred prior to taking office.
The POTUS has executive privilege for __________ and _______.
Presidential papers AND
Conversations
What will cause POTUS’s executive privilege to yield?
Other important gov’t interests
The President has the ability to pardon whom?
Those accused or convicted of federal CRIMES (never civil liability).
