Executive Power Flashcards
Power as Chief Executive
The President’s powers over internal affairs are unsettled, but among them is the express power and duty to faithfully execute the laws under Article II, Section 3, Clause 4
Appointment Powers
The President appoints ambassadors, justices of the Supreme Court, and other officers of the United States whose appointments are not otherwise provided for in the Constitution, with the advice and consent (that is, approval) of the Senate.
Removal of Appointees By President
The President can remove high level, purely executive officers (for example, Cabinet members) at will, without any interference by Congress. Congress also cannot restrict the President from
removing the head of an independent agency if that person is the sole director and exercises substantial discretion. However, Congress can provide statutory limitations (for example, removal
only for good cause) on the President’s power to remove all other executive appointees.
Pardons
The President may grant pardons for all federal offenses but not for impeachment or civil contempt. The pardon power can’t be limited by Congress.
Veto Power
If the President disapproves (vetoes) an act of Congress, the act may still become law if the veto is overridden by a two-thirds vote of each house. The President has 10 days to exercise the veto power. If the President fails to act within that time, the bill is automatically vetoed if Congress is not in session. If Congress is in session, the bill becomes law.(Pocket Veto_
POWER OVER EXTERNAL AFFAIRS
The President has no power to declare war (only Congress does), but the President, as commander in chief, can act militarily in actual hostilities against the United States without a congressional declaration of war to protect American lives and property.
Foreign Relations
The President has paramount power to represent the United States in day-to-day foreign relations.
Treaty Power
The President has the power to enter into treaties with the consent of two-thirds of the Senate.
Treaties Conflict with Federal Laws
A conflict between a congressional act and a valid treaty is resolved
by order of adoption: the last in time prevails.
Treaty Conflict with Constitution
Treaties are inferior to the Constitution; a treaty may not be inconsistent
with the Constitution.
Executive Agreements
Executive agreements are signed by the President and the head of a foreign country. They can be used for any purpose that treaties can be used for. They do not require the consent of the Senate.
a. Conflict with State Laws
If a state law conflicts with an executive agreement, the agreement
prevails.
b. Conflict with Federal Laws
If an executive agreement conflicts with a federal law, the federal law prevails over the agreement
Executive Privilege
The President has a privilege to keep certain presidential communications secret so that the President can receive candid advice and protect national security. the President is subject to state criminal subpoenas of the President’s personal records—such records do not fall under the executive privilege.
Executive Immunity
The President has absolute immunity from civil damages based on any action taken while exercising official responsibilities, but there is no immunity for acts that allegedly occurred before taking office.
IMPEACHMENT
The President, Vice President, and all civil officers of the United States are subject to impeachment (the bringing of charges). Grounds include treason, bribery, and high crimes and misdemeanors. A majority vote in the House is necessary to bring impeachment charges, and a two-thirds vote in the Senate is necessary to convict
and remove from office.
