The Federal Executive Power

Question 1

How do treaties work?

Answer 1

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 2

Which law prevails a treaty or a conflicting state law?

Answer 2

Treaties prevail over conflicting state laws

Question 3

What happens if a treaty conflicts with a federal statute?

Answer 3

If a treaty conflicts with a federal statute, the one adopted last in time controls

Question 4

What controls a treaty or the US constitution?

Answer 4

If a treaty conflicts with the United States Constitution, it is invalid

Question 5

What is an executive agreement?

Answer 5

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.

Question 6

What can executive agreements be used for?

Answer 6

Executive agreements can be used for any purpose

Question 7

What prevails an executive agreement or a conflicting state law?

Answer 7

The executive agreement

Question 8

What prevails an executive agreement or a conflicting federal law?

Answer 8

The federal law

Question 9

What prevails an executive agreement or the Constitution?

Answer 9

The constitution

Question 10

What power does the president have as commander in chief?

Answer 10

The President has broad powers as Commander-in-Chief to use American troops in foreign countries

Question 11

Who can only the President appoint?

Answer 11

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

Question 12

What is an inferior officer?

Answer 12

An Inferior officer is one that can be fired by superior officers.

Question 13

Who can Congress vest the appointment of inferior officers with?

Answer 13

the President, the heads of departments or the lower federal courts

Question 14

Who can congress not give the appointment power to?

Answer 14

Congress may not give itself or its officers the appointment power

Question 15

Who possesses the removal power?

Answer 15

The President

Question 16

Who can the President remove with the Removal Power?

Answer 16

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

Question 17

When can congress limit removal?

Answer 17

For Congress to limit removal, it must be an office where independence from the President is desirable and Congress must have good cause

Question 18

Can Congress limit removal of an independent prosecutor? Why or why not?

Answer 18

Yes, it is an office where independence from the President is desirable and there is good cause.

Question 19

Can Congress limit removal of an President’s cabinet? Why?

Answer 19

No, it is not an office where independence from the President is desirable

Question 20

Who can be impeached?

Answer 20

The President, the Vice President, federal judges and officers of the United States

Question 21

What can The President, the Vice President, federal judges and officers of the United States be removed for?

Answer 21

can be impeached and removed from the office for treason, bribery, or for high crimes and misdemeanors

Question 22

Does impeachment remove a person form office?

Answer 22

Impeachment does not remove a person from office

Question 23

What do you need for conviction?

Answer 23

Impeachment by the House of Representatives requires a majority vote; conviction in the Senate requires a 2/3 vote

Question 24

What does the President have absolute immunity from?

Answer 24

The President has absolute immunity to civil suits for money damages for any actions while in office.

Question 25

When does the President not have absolute immunity?

Answer 25

the President does not have immunity for actions that occurred prior to taking office.

Question 26

What does the President have executive privilege over?

Answer 26

The President has executive privilege for presidential papers and conversations,

Question 27

When must the executive privilege yield?

Answer 27

The executive privilege must yield to other important

government interests

Question 28

Who does the President have power to pardon?

Answer 28

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

Question 29

What is the exception to the presidents power to pardon those accused or convicted of federal crimes?

Answer 29

Impeached person cannot be pardoned

Question 30

Can the President pardon a person in federal court for civil contempt? Why or why not?

Answer 30

No. The President can only pardon for criminal liability.

Question 31

Can the president pardon someone charged with robbery in a state court? Why or why not?

Answer 31

No. President can only pardon for FEDERAL CRIMES