Federal Executive Power

Question 1

President’s Domestic Authority

Answer 1

1. Appoint high-level officers with Senate approval
2. Pardon federal offenses
3. Veto bills

Question 2

President’s Power over External Affairs

Answer 2

1. Can act militarily (but can’t declare war)
2. Represents US in foreign relations
3. Enter treaties with 2/3 Senate approval (but Pres does not need Senate consent to void a treaty)

Question 3

Treaty conflicts with Federal Law

Answer 3

Last-in-time prevails. And Constitutional always trumps treaty.

Question 4

President’s Refusal to Spend Funds that Congress Mandated Be Expended

Answer 4

President cannot decline to spend funds specifically appropriated by Congress when Congress has expressly mandated that they be spent.

RAtionale: President has no “legislative” power in internal affairs, and has a duty under Article II to “see that the laws are faithfully executed.” Congress clearly has the power to spend to “provide for the common defense and general welfare.” [U.S. Const. art. I, §8]