Federal Executive Power

Question 1

Source of the Federal Executive Power

Answer 1

Article II gives the president his power. Domestically, his power is highest where expressly authorized by congress, lowest when prohibited by congress, and everything else is a gray area.

The president’s foreign powers include the power to declare war, the power to deploy troops internationally to protect American lives or property, treaties and executive agreements, etc.

Question 2

Treaty

Answer 2

Negotiated by the president, requires 2/3 approval in the senate, trumps existing and future state law. Trump existing but not future federal law.

Question 3

Executive Agreements

Answer 3

Negotiated by the president, they do not require congressional approval. They trump existing and future state law but will be trumped by federal law.