Executive Powers Flashcards
Treaties
Power to make treaties with foreign nations, subject to 2/3 Senate approval. Agreements the US and a foreign country that are negotiated by the President and are effective when ratified by the Senate. Prevail over conflicting state laws. If a treaty conflicts with a federal statute, the one adopted last in time controls. If a treaty conflicts with Constitution, it is invalid
Executive Agreements
Agreements between the US and foreign country that is effective when signed by the President and the head of the foreign nation. Prevail over conflicting state laws, but never over conflicting federal laws of Constitution.
Commander-in-Chief
Use American troops in foreign countries
Appointment Power
Prez appoints ambassadors, federal judges, and officers of the US. Congress may vest the appointment of inferior officers in the Prez, the heads of departments or the lower federal courts. Congress may not give itself or its officers the appointment power
Removal Power
Unless removal is limited by statute, the Prez may fire any executive branch officer. For Congress to limit removal, it must be an office where independence from the Prez is desirable and Congress cannot prohibit removal, it can limit removal to when there is good cause
Impeachment
Prez, VP, federal judges and officers of the US can be impeached and removed from the office for treason, bribery, or for high crimes and misdemeanors.
Power to Pardon
Power to pardon those accused or convicted of federal crimes, except cases of impeachment
Immunity to Suits
Absolute immunity civil suits for money damages for any actions while in office. Prez does not have immunity for actions that occurred prior to taking office
Confidential Info
Qualified right to refuse to disclose confidential info (prez papers and conversations) relating to his performance of his duties; unless other compelling governmental interests outweigh the Prez’s right to refuse to disclose info
