The Federal Executive Power

Question 1

Federal Executive Powers

Answer 1

1. Foreign policy
2. Domestic affairs

Question 2

Foreign Policy Powers

Answer 2

1. Treaties
2. Executive agreements
3. The President has broad powers as Commander-in-Chief to use American troops in foreign countries

If answer provides Political Question, pick that - if not then pick broad Foreign Affairs powers

Question 3

Treaties

Answer 3

Treaties are agreements between the United States and a foreign country that are negotiated by the President and are effective when ratified by the Senate.

Question 4

Rules for Treaties in Relation to other Laws

Answer 4

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

Question 5

Executive Agreements

Answer 5

An executive agreement is an agreement between the
United States and a foreign country that is effective when signed by the President and the head of the foreign nation.

No Senate approval required.

Question 6

Rules for Executive Agreements

Answer 6

1. Executive agreements can be used for any purpose
2. Executive agreements prevail over conflicting state laws, but never over conflicting federal laws or the Constitution

Question 7

Domestic affairs Issues & Powers

Answer 7

1. The appointment and removal power
2. Impeachment and removal.
3. Executive Immunity
4. Executive Privilage
5. Pardon

Question 8

President’s appointments are subject to…

Answer 8

Senate Approval

Question 9

The appointment power

Answer 9

1. The President appoints ambassadors, federal judges and officers of the United States
   
   • the president alone
2. Congress may vest the appointment of inferior officers in the President, the heads of departments or the lower federal courts
   
   • Inferiors are those who can be fired
3. Congress may not give itself or its officers the appointment power
4. The President may not make recess appointments for intrasession recesses that are less than 10 days

Question 10

The removal power.

Answer 10

Unless removal is limited by statute, the President may fire any executive branch office.

Question 11

Limitations on the Removal Power

Answer 11

1. For Congress to limit removal, it must be an office where independence from the President is desirable and
2. Congress cannot prohibit removal, it can limit removal to where there is good cause

Question 12

Impeachment & Removal

Answer 12

Impeachment and removal. The President, the Vice President, federal judges and officers of the United States can be impeached and removed from the office for treason, bribery, or for high crimes and misdemeanors

• Impeachment does not remove a person from office
• Impeachment by the House of Representatives requires a majority vote; conviction in the Senate requires a 2/3 vote

Question 13

Presidential Immunity

Answer 13

• The President has absolute immunity to civil suits for money damages for any actions while in office.
• However, the President does not have immunity for actions that occurred prior to taking office.

Question 14

Executive Privilage

Answer 14

The President has executive privilege for presidential papers and conversations, but such privilege must yield to other important government interests

• need for evidence at trial overrides exec privilege

Question 15

Pardon Power and its Caveats

Answer 15

The President has the power to pardon those accused or convicted of federal crimes

1. President may pardon only for Federal Criminal liability, never for State.
2. President may pardon only for criminal liability, never for civil liability

Question 16

Exception to the Presidential Pardon Power

Answer 16

If there has been an impeachment, there can never be a pardon for the offenses that led to the impeachment