The Federal Executive Power

Question 1

Definition of treaties

Answer 1

Agreements between the united states and a foreign country that are negotiated by the president and are effective when ratified by the Senate

Question 2

Treaties vs. Applicable Conflicting Laws

Answer 2

• Treaties prevail over conflicting state law
• If a treaty conflicts with a federal statute, the one adopted last in time controls
• If a treaty conflicts with the constitution, the treaty is invalid.

Question 3

Executive agreement definition

Answer 3

An agreement between the US and a foreign country that is effective when signed by the President and the head of the foreign nation.

Question 4

Executive agreement use and power over conflicting laws

Answer 4

• executive agreements can be used for any purpose
• Executive agreements prevail over state laws
• Executive agreements never prevail over federal laws or the constitution

Question 5

Limits on the recognition power

Answer 5

It is unconstitutional for congress, by statute, to designate the capital of a foreign country

Question 6

Executive power over foreign citizens in the US

Answer 6

The President has broad discretion in determining whether to admit individuals to the United States.

Question 7

Executive power over deployed troops

Answer 7

The president has broad powers as Commander in chief to use American troops in foreign countries

Question 8

Definition of the appointment power

Answer 8

The President appoints ambassadors, federal judges and officers of the United States

Question 9

Inferior officer appointment

Answer 9

• Congress may vest the appointment of inferior officers in the President, the heads of departments, or the lower federal courts.
• But, Congress may not give itself or its officers the appointment power

Question 10

Limits on the president’s recess appointments

Answer 10

The president may not make recess appointments during intrasession recesses that are less than 10 days

Question 11

Executive removal power

Answer 11

Unless removal is limited by statute, the president may fire any executive branch officer.

Question 12

How congress can limit the president’s removal power

Answer 12

• If independence from the president is desirable, and
• congress cannot prohibit removal, then
• it can limit removal for good cause

Question 13

Impeachment scope

Answer 13

The president, VP, federal judges, and officers of the US can be impeached and removed from office for treason, bribery, or high crimes and misdemeanors

Question 14

Impeachment voting requirements

Answer 14

• Impeachment by the House-majority vote
• Conviction in the Senate-2/3 vote.

Question 15

Presidential immunity from civil liability

Answer 15

• The president has absolute immunity from civil suits for money damages while in office.
• But, no immunity for actions that occurred prior to taking office.

Question 16

President’s executive privilege

Answer 16

• The president has executive privilege from presidential papers and conversations
• But such privilege must yield to other important gov’t interests

Question 17

Presidential pardon power

Answer 17

• The president has the power to pardon those accused or convicted of federal crimes.
• No state crimes or any kind of civil liability

Question 18

Pardon power exception

Answer 18

Person impeached cannot be pardoned for the events that led to impeachment