Federal Executive Power

Question 1

Treaties (Foreign Policy)

Answer 1

• President negotiates, Senate ratifies
• Treaty > State Law
• Treaty vs. Federal Law = Last-in-time rule
• Constitutional > Treaty

Question 2

Executive Agreements (Foreign Policy)

Answer 2

• Effective when signed by President (no need for senate approval)
• May be used for any purpose
• Executive agreement > State law
• Constitution > Execuitve Agreement
• Federal law > Executive Agreement

Question 3

3 Other Foreigns Policy Points

Answer 3

• Limits on the recognition power. It is unconstitutional for Congress by statute to designate the capital of a foreign country.
• The President has broad discretion in determining whether to admit individuals to the United States.
• The President has broad powers as Commander-in-Chief to use American troops in foreign countries.

Question 4

Appointment & Removal Powers

Answer 4

Appointment Power:
* The President appoints ambassadors, federal judges and officers of the United States
* Congress may vest the appointment of inferior officers in the President, the heads of departments or the lower federal courts
* Congress may not give itself or its officers the appointment power
* The President may not make recess appointments during intrasession recesses that are less than 10 days

Removal Power: Unless removal is limited by statute, the President may fire any executive branch officer. For Congress to limit removal:
* It must be an office where independence from the President is desirable; and
* Congress cannot prohibit removal, it can limit removal to where there is good cause; and
* It cannot be a single person who heads an agency and exercises substantial discretion.

Question 5

Impeachment & Removal from Office

Answer 5

The President, the Vice President, federal judges and officers of the United States can be impeached and removed from the office for treason, bribery, or for high crimes and misdemeanors
* Impeachment does not remove a person from office
* Impeachment by the House of Representatives requires a majority vote; conviction in the Senate requires a 2/3 vote

Question 6

Presidential Immunities & Privileges

Answer 6

• The President has absolute immunity to civil suits for money damages for any actions while in office. However, the President does not have immunity for actions that occurred prior to taking office.
• The President has executive privilege for presidential papers and conversations, but such privilege must yield to other important government interests
• The President has no immunity to keep his financial records from being subpoenaed by a state grand jury, but if the financial records are subpoenaed by a congressional committee, the court must balance the competing interests.
• The President has the power to pardon those accused or convicted of federal crimes (can’t parden for offenses that led to impeachment; Not State or Civil)