What is a treaty?
Agreement between U.S. and foreign country negotiated by the President
When is a treaty effective?
When ratified by the Senate
What prevails where a treaty conflicts with state law?
What prevails where a treaty conflicts with a federal law?
Whichever was most recently adopted
What prevails where a treaty conflicts with the Constitution?
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
Is Senate ratification required for an executive agreement?
What is the scope of executive agreements?
They can be used for any purpose
What prevails where an executive agreement conflicts with state law?
What prevails where an executive agreement conflicts with a federal law or the Constitution?
The federal law or the Constitution prevails
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
Can Congress act on the Executive's appointment power?
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
Can the President make recess appointments?
Yes, except for intrasession recesses that are less than 10 days
Can Congress prevent the President from firing an executive branch official?
No, only limit by statute
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
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
What is the scope of the President's executive privilege?
Presidential papers and conversations
Is executive privilege absolute?
No, it must yield to other important government interests
What is the scope of the President's pardoning power?
Federal crimes only
What event means a person cannot be pardoned for a federal crime?
They were impeached for it