Federal Executive Power Flashcards
Hierarchy, if treaty conflicts
US Constitution ➡️ trumps all
Federal statute ➡️ one adopted last controls
State law ➡️ treaty prevails
What are treaties?
Agreements between US and a foreign country
Negotiated by the President
Effective when ratified by the Senate
What is an executive agreement?
Agreement between the US and a foreign country for any purpose
Effective when signed by President and Head of foreign nation
No Senate ratification needed
Hierarchy, if executive agreement conflicts
US Constitution ➡️ trumps all
Federal statute ➡️ federal statute prevails
State law ➡️ executive agreement prevails
President as Commander-in-Chief
Has broad powers to use American troops in foreign countries
BUT may not unilaterally declare war
President appoints…
Ambassadors
Federal judges
Officers
Senate must approve
Congress may vest appointment of inferior officers in the…
- President
- Department heads or
- Lower federal courts
But may not give itself powers to appoint executive positions
Removal power
Unless limited by statute, President may fire any executive branch officer
Congressional limitations on President’s removal power
Only allowed if it’s an office where independence from the President is desirable.
Can only limit removal to good cause (cannot prohibit)
Impeachment
For treason, bribery, or for high crimes and misdemeanors
Like an indictment (not actual removal)
Requires majority House vote & ⅔ Senate vote
President and absolute immunity to civil suits for money damages
Exists for any actions while in office
BUT not for actions prior to taking office
Executive privilege for presidential papers and conversations with advisors
Exists, but must yield to other important govt. interests
e.g. Evidence at a criminal trial
Power to pardon
Exists for those accused or convicted of federal criminal crimes
