Pg 17 Flashcards
Can congress vest appointment power in itself?
No, that is a usurpation of power
What is a principal or primary officer?
People that are nominated by the president and confirmed by the Senate: federal judges, ambassadors, cabinet officials, and top non-elected members of the executive branch of government. These positions are independent
What are inferior officers?
People that Congress has the choice to vest appointment of these officers to, either the president alone, the courts, or heads of departments.
These include those in the executive branch or those that have some connection with the executive branch and these people usually answer to someone higher up, have limited jurisdiction and responsibilities, and are picked by someone other than the president. These do not need Senate confirmation and they are considered to be subordinate positions
What are independent counsels?
This is someone appointed by a special panel of judges to investigate and possibly prosecute high-ranking officials for violations of federal criminal laws.
First the AG does a preliminary investigation, then reports his findings to a special division/panel of three article III judges, if there are no reasonable grounds to think that further investigation is needed, then he tells the special division that. If he thinks further investigation is needed, he asks them to appoint an independent counsel.
The independent counsel is appointed and his jurisdiction is defined, and then he complies with the policies of the DOJ. Congress can impeach and remove an independent counsel, otherwise it is the personal action of the AG to remove for good cause, physical disability, mental incapacity, or a condition that substantially impairs his performance. If the attorney general removes him, he must report the reasons to the special division and judiciary committees at the house and senate.
Once the independent counsel completes his investigation, the office is terminated. The president can remove independent counsel for good cause and so can the attorney general. Independent counsel is not appointed by the president
How can an independent counsel be removed?
Can be removed for good cause by the attorney general, not at will
What is involved in the Sarbanes-Oxley act?
This was meant to get better regulation on the accounting profession by creating a board of five members appointed by the SEC. Members can be removed for good cause by the president for commission, inefficiency, neglect of duty, or malfeasance.
This was challenged because the president could only remove the principal officer, who could only remove inferior ones, who is the person actually making policy and enforcing law. The court said the dual good cause limitation violated the vestiture clause that executive power is vested in the president. And either the president or anyone directly responsible to him had full control over the board. The act stopped the president from holding his subordinates accountable for their conduct
What is the process for the president to appoint judges?
The president nominates someone, then there’s a congressional sub-committee that reviews and interviews, then the Senate votes
How can the president use his removal power to remove executive branch officials?
As long as they are not the type that have to be impeached, the president‘s power to remove is an incident of his power to appoint. It is necessary for the president to have unfettered removal power to carry out his AII mandate that the laws be “faithfully executed“. This is only true for purely executive officials
How does presidential removal power apply to purely executive officials and to quasi-legislative or quasijudicial officials?
– Purely executive: the power to remove is incidental to the power of appointment
- quasi-legislative: the president’s removal power is limited
What is a presidential pardon?
The president has the plenary power to forgive a convicted person in part or entirety, to reduce the penalty, or to alter it with conditions that are themselves constitutionally unobjectionable. The president is the only one that can pardon federal offenses, and Congress cannot interfere, limit, or change it. The crime must be federal, not state. If people do not agree, they need to impeach and convict the president.
What are the areas of foreign affairs that the president has power to deal with?
Treaty Power, executive agreements, war Power.
Where does the president get Power to deal with the foreign arena from?
Article II
How does presidential power work with regard to foreign relations?
President is the sole organ of the federal government regarding international relations. Article II gives him the broad power to:
– prohibit arm sales to certain countries
– recognize or withdraw recognition for foreign governments
- make treaties
– serve as commander-in-chief
– implied powers to represent the US in day-to-day negotiations with foreign countries
– make and execute foreign-policy
– speak and listen as a representative of the nation
– take care that the laws are faithfully executed by ensuring that the US adheres to its treaties – be the chief spokesperson of the nation in national arenas
Once Congress gives permission to go to war, what does the president do?
He directs how the war will be carried out
