The Federal Executive Power Flashcards
How do treaties work?
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.
Which law prevails a treaty or a conflicting state law?
Treaties prevail over conflicting state laws
What happens if a treaty conflicts with a federal statute?
If a treaty conflicts with a federal statute, the one adopted last in time controls
What controls a treaty or the US constitution?
If a treaty conflicts with the United States Constitution, it is invalid
What is an executive agreement?
Definition. 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.
What can executive agreements be used for?
Executive agreements can be used for any purpose
What prevails an executive agreement or a conflicting state law?
The executive agreement
What prevails an executive agreement or a conflicting federal law?
The federal law
What prevails an executive agreement or the Constitution?
The constitution
What power does the president have as commander in chief?
The President has broad powers as Commander-in-Chief to use American troops in foreign countries
Who can only the President appoint?
The President appoints ambassadors, federal judges and officers of the United States
What is an inferior officer?
An Inferior officer is one that can be fired by superior officers.
Who can Congress vest the appointment of inferior officers with?
the President, the heads of departments or the lower federal courts
Who can congress not give the appointment power to?
Congress may not give itself or its officers the appointment power
Who possesses the removal power?
The President
Who can the President remove with the Removal Power?
Unless removal is limited by statute, the President may fire any executive branch office.
When can congress limit removal?
For Congress to limit removal, it must be an office where independence from the President is desirable and Congress must have good cause
Can Congress limit removal of an independent prosecutor? Why or why not?
Yes, it is an office where independence from the President is desirable and there is good cause.
Can Congress limit removal of an President’s cabinet? Why?
No, it is not an office where independence from the President is desirable
Who can be impeached?
The President, the Vice President, federal judges and officers of the United States
What can The President, the Vice President, federal judges and officers of the United States be removed for?
can be impeached and removed from the office for treason, bribery, or for high crimes and misdemeanors
Does impeachment remove a person form office?
Impeachment does not remove a person from office
What do you need for conviction?
Impeachment by the House of Representatives requires a majority vote; conviction in the Senate requires a 2/3 vote
What does the President have absolute immunity from?
The President has absolute immunity to civil suits for money damages for any actions while in office.
When does the President not have absolute immunity?
the President does not have immunity for actions that occurred prior to taking office.
What does the President have executive privilege over?
The President has executive privilege for presidential papers and conversations,
When must the executive privilege yield?
The executive privilege must yield to other important
government interests
Who does the President have power to pardon?
The President has the power to pardon those accused or convicted of federal crimes
What is the exception to the presidents power to pardon those accused or convicted of federal crimes?
Impeached person cannot be pardoned
Can the President pardon a person in federal court for civil contempt? Why or why not?
No. The President can only pardon for criminal liability.
Can the president pardon someone charged with robbery in a state court? Why or why not?
No. President can only pardon for FEDERAL CRIMES
