Executive Authority Flashcards
(12 cards)
What are treaties and how are they created?
Treaties are agreements between the U.S. and a foreign country that are negotiated by the President and are effective when ratified by the Senate.
Where does a treaty fall in the pecking order of laws?
- Constitution;
- Treaty or Federal Law, whatever is last in time;
- State Law.
What is an executive agreement and how are they created?
An executive agreement is an agreement between the U.S. and a foreign country that is effective when signed by the President and the head of a foreign nation. Can also be used for any purpose.
Where does an executive agreement fall in the pecking order of laws?
- Constitution;
- Federal Law;
- Executive Agreement;
- State Law.
Who does the President have the power to appoint?
The president appoints ambassadors, federal judges, and officers of the U.S, but then the Senate must approve.
Who can Congress vest the appointment of inferior officers in?
The President, the heads of departments, or the lower federal courts. However, it cannot give itself or its officers the appointment power.
Can the President make recess appointments?
Yes. However, not during intrasession recesses that are less than 10 days.
Who may the President remove?
Unless limited by statute, the President may fire any executive branch officer.
What is required for Congress to limit the Presidents removal power?
- Office where independence from the president is desirable; and
- Cannot prohibit removal, it can only be limited for good cause.
Who can be impeached and what can they be impeached for?
The president, Vice President, federal judges and officers.
For treason, bribery, or for high crimes and misdemeanors.
What is the Executive Privilege and Is it unlimited?
The Executive Privilege applies to presidential papers and conversations, but such privilege must yield to other important government interests.
What crimes can the President use the power to pardon on?
Federal crimes except impeachment. No civil crimes can be pardoned.
