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Flashcards in 3. Federal Executive Power Deck (21)
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1

What is a treaty?

Agreement between U.S. and foreign country negotiated by the President

2

When is a treaty effective?

When ratified by the Senate

3

What prevails where a treaty conflicts with state law?

The treaty

4

What prevails where a treaty conflicts with a federal law?

Whichever was most recently adopted

5

What prevails where a treaty conflicts with the Constitution?

The Constitution

6

What is an executive agreement?

Agreement between U.S. and foreign country effective when signed by the President and the head of the foreign country

7

Is Senate ratification required for an executive agreement?

No

8

What is the scope of executive agreements?

They can be used for any purpose

9

What prevails where an executive agreement conflicts with state law?

The EA

10

What prevails where an executive agreement conflicts with a federal law or the Constitution?

The federal law or the Constitution prevails

11

What limits are placed on Congress's power of recognition?

It is unconstitutional for Congress to pass a statute to designate the capitol of a foreign country

12

Can Congress act on the Executive's appointment power?

No

13

How will Congress trying to interfere with the Executive's appointment power be tested?

A new federal agency will be established, and Congress will try to appoint officers

14

Can the President make recess appointments?

Yes, except for intrasession recesses that are less than 10 days

15

Can Congress prevent the President from firing an executive branch official?

No, only limit by statute

16

What are the two criteria for Congress to limit the President's removal of an executive branch official?

1. Must be an office where independence from the President is desirable

2. There must be good cause

17

What is the scope of the President's civil immunity?

President is immune to civil suits for money damages for things done whilst in office

18

What is the scope of the President's executive privilege?

Presidential papers and conversations

19

Is executive privilege absolute?

No, it must yield to other important government interests

20

What is the scope of the President's pardoning power?

Federal crimes only

21

What event means a person cannot be pardoned for a federal crime?

They were impeached for it