Powers of the President (Executive Power)

Question 1

What are the powers of the President as Chief of the Executive Branch?

Answer 1

1. Enforcement of Laws
2. Appointment Power
3. Removal Power

Question 2

Pardon Power

Answer 2

President may grant a pardon for Federal Offenses against the United States

• NOT state or civil claims
• Can’t be used to undo an impeachment and restore someone to officer

Question 3

Presidents Power of Appointment

Answer 3

Article 2 auth. the president, with the advice and consent of the senate, to appoint all officers of the United States

Question 4

How are high level executive branch officials appointed?

Answer 4

1. Step 1 - The president appoints
2. Step 2 - Senate Confirms

Question 5

Who can appoint executive branch inferior officers ?

Answer 5

By default, the president appoints these officers and the senate confirms the appointment, BUT any of the following can appoint:

1. The President
2. The courts
3. Heads of executive departments

Question 6

Who is an inferior officer in the executive branch ?

Answer 6

An officer who has a superior

Question 7

What are the limits on the President;s removal power?

Answer 7

President can remove executive officers at will and w/out cause unless:

1. Cngress sets term on appointment, then they can only be removed for cause
2. They are judicial or quasi judicial officials, who can only be reoved for cause
3. The official is a special prosecutor investigating the president, who can’t be removed by the president

Question 8

Can congress remove an executive branch official?

Answer 8

No

Question 9

President’s Veto Power

Answer 9

Pres. has the power to veto a bill presented to him by congress

• Pres. has 10 days after presentment to act on the proposed legislation
• If he signs the bill = becomes a law OR
• Can veto the bill by sending it back, with objection to the house

Question 10

How long does the President have to sign a bill approved by both the houses of Congress?

Answer 10

10 days to sign

Question 11

What happens if the president doesn’t sign a bill w/in 10 days after it has received congressional approval?

Answer 11

By default, the bill is treated as if it was signed

• But if not signed & the congressional term ends b/f the 10 days lapsed then it is treated as a pocket veto (bill doesn’t become a law) b/c President couldn’t have returned it toits originating house

Question 12

If the President vetoes a bill, what options are available to Congress? What if the veto is a pocket veto?

Answer 12

Congress can override the veto and enact the bill with 2/3 majority vote in House and Senate

• BUT a pocket veto never goes back for another vote

Question 13

What is the validity of a line-item veto ?

Answer 13

Where the President approves part of the bill and removes other parts, is invalid b/c it violates the Presentment Clause - it lacks:

1. Bicameralism AND
2. Presentment

Question 14

What does bicameralism require?

Answer 14

The entirety of a bill must be presented to both houses of congress

Question 15

When does executive absolute Privilege apply?

Answer 15

When the subject matter at issue concerns national security secrets

Question 16

When is the ececutive privilege presumed?

Answer 16

When the president engages in any sort of confidential communications

Question 17

What are the president’s war powers when Congress has not declared war?

Answer 17

The president can respond to attacks but can’t initiate wars

Question 18

When is the president’s military authority greater than that of congress?

Answer 18

The president has auth. over military tactical decisions

Question 19

If the president signs a treaty with another nation, what must happen b/f it becomes law?

Answer 19

The treaty must be ratified by a 2/3 vote of the Senate

Question 20

If a treaties conflicts with federal law, which will take priority ?

Answer 20

The one signed most recently prevails

Question 21

If the president enters into an executive agreement, then how must it be ratified by Congress?

Answer 21

It doesn’t need to be ratified by Congress

Question 22

If an executive agreement and a federal statute conflict, which one has priority ?

Answer 22

The federal Statute

Question 23

What actions can the president take with the power to enter an executive agreement?

Answer 23

The president may enter into agreements with foreign governments

Question 24

When are congressional limits imposed on the executive branch valid?

Answer 24

If the law is vlaid, then the limit is valid

Question 25

Who has the sole power to impeach the president? How is this done?

Answer 25

The house of representatives has the sole power to impeach the President

• they do it by a majority vote

Question 26

Who has the sole power to conduct a presidential impeachment trial ? How is this done?

Answer 26

The senate holds a presidential impeachment trial

• Need 2/3 vote to remove the President from office