Executive Powers

Question 1

What are the President’s powers as Chief Executive?

Answer 1

1. enforcement of laws
2. appointment power
3. removal power
4. veto power
5. pardon power

Question 2

What are president’s powers as Commander-in-Chief?

Answer 2

If congress has not declared war President’s powers are limited to using military force in response to a surprise attack on the US

Question 3

What are extent of President’s military powers in cases where President and congress disagree?

Answer 3

If president and congress disagree, President prevails with respect to battlefield tactical decisions

Question 4

What is extent of President’s power regarding enforcement of laws?

Answer 4

The president can enforce but not create laws

Question 5

What is President’s appointment power?

Answer 5

President has the power to appoint “high level officials” with the advice and consent of the Senate

Question 6

What is Congress’s power regarding appointment of officials?

Answer 6

Congress can delegate appointment of inferior officers to the President, the judiciary or the head of an executive department

Question 7

What are inferior officers for the purposes of the appointment power?

Answer 7

Inferior officers are anyone who has a superior, and whose appointment can be delegated by Congress

Question 8

What is the President’s removal power?

Answer 8

1. President can remove any executive appointee without cause
2. President can remove executive officers who have fixed terms and officers who perform judicial or quasi-judicial functions, but the president must have cause for the removal

Question 9

What is the president’s veto power?

Answer 9

President may veto an entire bill, but cannot issue a line-item veto by only cancelling certain provisions of a bill

Question 10

What are limits to President’s veto power?

Answer 10

Congress can override a presidential veto by a two-thirds vote in both the Senate and House

Question 11

What is the Presidential pardon power?

Answer 11

The presidential pardon power is for federal crimes

Question 12

What are limitations on Presidential pardon power?

Answer 12

There are two primary limits on pardon power
1. pardon power is to issue pardons for federal crimes only
2. a pardon cannot undo an impeachment

Question 13

What are president’s powers regarding international affairs?

Answer 13

1. Treaty Power
2. Executive Agreements

Question 14

What are president’s powers regarding ability to enter treaties?

Answer 14

President may enter treaties, but they require 2/3 vote by the Senate to become effective

Question 15

What effect do treaties have relative to federal law?

Answer 15

Treaties have the same status as current federal law, and will override earlier federal law

Question 16

What effect do treaties have relative to state law?

Answer 16

Treates take precedence over any conflicting state laws

Question 17

What is president’s power regarding entering executive agreements?

Answer 17

President may enter into executive agreements with foreign nations, and may do so without Senate approval

Question 18

What effect to Executive Agreements have relative to federal law?

Answer 18

Executive agreements do not prevail over federal law

Question 19

What effect do Executive Agreements have over state law?

Answer 19

Executive agreements prevail over inconsistent state law

Question 20

What are congressional limits on executive power?

Answer 20

1. Impeachment power
2. Appropriations power

Question 21

What is the Impeachment Power

Answer 21

The house has the sole power to impeach, and the Senate tries the impeachment

Question 22

What is required to impeach a president?

Answer 22

2/3 vote in the Senate

Question 23

What are impeachable offenses?

Answer 23

-treason
-bribery
-other high crimes and misdemeanors

Question 24

What is the Appropriations Power

Answer 24

When Congress, by legislative act, explicitly directs to the President to spend appropriated money, the President has no power to impound the authorized funds by refusing to spend or delay spending them