Federal Executive Power

Question 1

Treaties

Answer 1

agreements between the United States and a foreign country that are negotiated by the President and effective when ratified by the Senate.

Question 2

If treaty conflicts with state laws

Answer 2

treaty prevails

Question 3

If treaty conflicts with federal statute

Answer 3

one adopted last in time controls

Question 4

If treaty conflicts with Constitution

Answer 4

treaty is invalid

Question 5

Executive agreement

Answer 5

agreement between the United States and a foreign country that is effective when signed by the President and the head of the foreign nation

Question 6

executive agreements can be used for

Answer 6

any purpose

Question 7

if executive agreement conflicts with state laws

Answer 7

executive agreement prevails

Question 8

if executive agreement conflicts with federal law

Answer 8

federal law prevails

Question 9

if executive agreement conflicts with Constitution

Answer 9

Constitution prevails

Question 10

recognition power

Answer 10

President has exclusive power to recognize foreign states.

Congress cannot pass a statute designating the capital of a foreign country

Question 11

Immigration and the President

Answer 11

President has broad discretion in determining whether to admit individuals to the United State

Question 12

Commander in chief

Answer 12

President has broad powers to use American troops in foreign countries

Question 13

Appointment Power - president

Answer 13

President appoints ambassadors, federal judges, and officers of the US

Question 14

Appointment Power - congress

Answer 14

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.

Question 15

Recess Appointments

Answer 15

The President may not make recess appointments during intrasession recesses that are less than 10 days.

Question 16

Removal power - generally

Answer 16

Unless removal is limited by statute, the President may fire any executive branch officer.

Question 17

For Congress to limit removal of an executive officer

Answer 17

1. Office where independence from President is desirable AND
2. cannot prohibit removal, but can limit to good cause AND
3. cannot be a single person who heads agency and excercises substantial discretion

Question 18

Who can be impeached

Answer 18

• President
• Vice President
• federal judges
• officers of the United States

Question 19

Reasons for impeachment

Answer 19

1. Treason
2. Bribery
3. High crimes and misdemeanors

Question 20

Impeachment and removal process

Answer 20

1. impeachment by House majority
2. Conviction by Senate 2/3 (a conviction removes)

Question 21

Executive privilege

Answer 21

President has executive privilege over presidential papers and conversations (the right to keep that information confidential)

BUT must yield to other important gov interests

Question 22

Executive immunity

Answer 22

absolute immunity to civil suits for money damages for any actions WHILE IN OFFICE.

Question 23

Subpoena of President’s financial records

Answer 23

President has NO immunity to keep his financial records from being subpoenaed by state grand jury.

If subpoenaed by congressional committee, court balances competing interests

Question 24

Pardons

Answer 24

President has the power to pardon those accused or convicted of FEDERAL crimes

Question 25

Veto Power

Answer 25

If the President vetoes an act of Congress, the act may still become law if the veto is overridden by a two-thirds vote of each house.

Question 26

President's executive order power under the Take Care Clause - If the President acts with the express or implied authority of Congress

Answer 26

President’s authority is at its maximum and the President’s actions likely are valid

Question 27

President's executive order power under the Take Care Clause - If the President acts where Congress is silent

Answer 27

action will be upheld unless it usurps the power of another governmental branch or prevents another branch from carrying out its tasks

Question 28

President's executive order power under the Take Care Clause - If the President acts against the express will of Congress

Answer 28

President has little authority, and the action likely is invalid

Question 29

No power to impound

Answer 29

President has no power to refuse to spend appropriated funds when Congress has expressly mandated that they be spent.