Federal Executive Power

Question 1

Presidential Power to Conduct Foreign Policy

Answer 1

• Treaties
• Executive Agreement
• Broad powers to use troops undre Commander and Chief authority

Question 2

Treaties

Answer 2

• agreements between the US and a foreign nation that are negotiated by the President and are effect when ratified by the Senate
• State laws that conflict with treaties are invalid
• If conflicts with federal statute, last-in-time controls
• conflict with US Constitution, treaty is invalid

Question 3

Executive Agreement

Answer 3

• Executive Agreements–An agreement between the United States and a foreign country that is effective when signed by the PResdient and the head foreign nation.
  
  • No Senate approval is necessary
  • Can do anything he could do in treaty
  • Can be used for any purpose
  • Prevail over conflicting state law but never over federal laws or Constitution

Question 4

Presidential Power in Domestic Affairs

Answer 4

1. Appointment and Removal Power
2. Impeachment and Removal
3. Immunity
4. Executive Priviliges
5. Pardon power

Question 5

Appointment Power

Answer 5

• President appoints ambassadors, federal judges and officers of the United States subject to Senate approval
• Congress may vest the appointment of inferior officers in the president, heads of department or lower federal courts

Question 6

Removal Power

Answer 6

• Unless removal is limited by statute, the president may fire an executive branch official.
• Congress may, by statute, limit removal if two requirements are shown:
  
  • 1) To limit removal, must be an office where independence from the PResident is desirable AND
  • 2) Congress cannot prohibit removal; it can limit removal to where there is good cause shown

Question 7

Impeachment and Removal

Answer 7

• The President, the VP, fedearl judges and all officers of the US can be impeached and removed from office for treason, bribery, and high crimes & misdemeanors
  
  • Does not remove them from office
  • Impeachment in House requires majority vote; conviction and removal in senate is 2/3 vote

Question 8

Presidential Immunity

Answer 8

• Absolute immunity to civil suits for money damages for any actions while in office
• No immunity for actions occurring prior to taking office

Question 9

Executive Privilige

Answer 9

Executive privilige for Presidental papers and conversation but must yield privilige to other important governmental interests

Question 10

Pardon power

Answer 10

• President may pardon anyone accused or convicted of a federal (not state crime)
• A person impeached by the House cannot be pardoned including for the underlying crimes leading to impeachment
• Does not apply to civil liability (civil contempt is not pardonable)