3) Sep of Powers - President Flashcards Preview

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Flashcards in 3) Sep of Powers - President Deck (35)
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1

exec powers (list)

1) enforcement of laws
2) appointment power
3) removal
4) veto
5) pardon
6) exec priv
7) commander in chief
8) intl affairs

2

appointment power: def

1) appoints high-level officials (ambassadors, cabinet) w Senate approval

3

apointment power: Congress

can NOT appoint members to any agency or commission w administrative powers

BUT can delegate appointment of "inferior officers"

4

appointment: inferior officer: def

anyone who has a superior

5

appiontment: who C can delegate appointment oif inferior officers to

1) President (w/o senate conf)
2) courts
3) heads of exec depts

6

removal power: exec officials

P can remove at will, w/o cause

7

removal power: need cause to remove

1) exec officials w fixed terms (term by C)
2) quasi-judicial exec officials (ALJs)

8

removal power: fed judges

impeachment only

9

removal power: C's involvmenet

1) can NOT require P to get C's approval for firing
2) can NOT remove ppl itself either

10

removal power: exception

P can't remove a special prosecutor who is investigating im

11

veto process

Pres has 10 days to veto
no action = signing

can override 2/3 majority of both houses

12

pocket veto

if term of Congress expires during 10 days, no action = bill expires (not overridable bc can't be sent back to C)

13

line item veto

unconst

14

legislative veto

unconst

15

leg veto: def

C writes into the law that it can change it later w/o veto

16

line item + leg vetos are unconst BC

BICAMERALISM + PRESENTMENT are only ways a bill can become law. Both of these skip something nec.

17

pardon powers: includes

even before charged
even corrupt

18

pardon power: limits

1) offenses against US only (not state law crimes or civil actions)
2) can't undo impeachments

19

exec privilege: kinds

1) absolute
2) presumptive

20

exec privilege: absolute: what

national security secrets

21

exec privilege: presumptive: what (+ limit)

other confidential coms btwn P and advisors

limit: overcome by crim subpoenas

22

pres: military powers

NOT to declare war

ONLY can rp to attacks w mil force (not initiate)

23

mil powers: pres + congress disagree

pres prevails only wrt battlefiled tactics (Cs till broad here) -- law dn have to be specifically to limit pres -- jsut any law

24

intl affairs; 2 kinds

1) treaties (needs 2/3 senate)
2) exec agreements (easier to maek but less powerful)

25

treaties: conflicts

1) fed law: later one wins
2) state law: treaty wins
(just like if T was fed statute)

26

exec agreements: conflicts

1) fed law: Fed wins
2) state law: EA wins

27

checks/bal: Congress limits on exec:

1) valid laws
2) impeachment
3) appropriations

28

checks/bal: Congress limits on exec: valid laws (rule)

if a valid law (C was w/in its power), C wins -- even in war

29

checks/bal: Congress limits on exec: impeachment power: def

Congress can remove Pres or any fed judge/official

30

checks/bal: Congress limits on exec: impeachment power: procedure

HOR: sole power to impeach (indict)
Senate: sole power to try (2/3 for convict/remoe)