Executive Power

Question 1

Powers of the President

Answer 1

1. Enforcement
2. Appointment Power
3. Removal Power
4. Veto Power
5. Pardon Power

Question 2

Enforcement of Laws

Answer 2

President can enforce laws but he cannot make them

Question 3

Appointment Power

Answer 3

President appoints high level officials with advise and consent of the Senate

Question 4

Congress can delegate the appointment of “inferior” officers to:

Answer 4

1. the president;
2. the judiciary; or
3. heads of departments.

Question 5

Who can the presient remove without cause?

Answer 5

• Any executive appointee without cause/at will

Question 6

For whom does the President need cause to remove?

Answer 6

• executive officers having fixed terms
• officers performing judicial or quasi-judicial functions

Question 7

Special Prosecutor

Answer 7

President cannot remove a Special Prosecutor who is investigating the president

Question 8

Veto Power

Answer 8

President has 10 days to veto a bill that has Congress has passed;

no veto = bill becomes law

Question 9

What is a Pocket Veto?

Answer 9

When president doesn’t sign a bill passed within 10 days of the end of the congressional term

Question 10

Line-Item Veto

Answer 10

Unconstitutional

Question 11

Congressional Override

Answer 11

Congress can override a president veto,

can cannot override a pocket veto

Question 12

Pardon Power

Answer 12

President may grant pardons

Limitations:

1. Extends to offenses to the U.S. (federal gov’t, not states)
2. Cannot undo an impeachment and restore someone to office

Question 13

What is the President’s Executive Privilege?

Answer 13

• Absolute privilege to refuse to disclose information relating to military, diplomatic, or sensitive national security secrets.
• other confidential communications between president & his advisors = presumptivley privileged

Question 14

When is presumptive privilege overcome?

Answer 14

When confidential communications are subpoenaed as evidence in a criminal trial

Question 15

What are the President’s military powers?

Answer 15

1. Power to deploy military forces without a formal declaration of war if the U.S. is attacked
2. Power to seize private property during wartime, unless Congress denies President that power

Question 16

What is the President’s Treaty Power?

Answer 16

The President has the power to make treaties with the consent of the Senate.

The Senate must ratify the treaty by a 2/3 vote before it becomes effective

Question 17

Treaty v. Federal law

Answer 17

A federal treaty will prevail against an earlier statute,

BUT, if the statute came over the treaty, the federal statute will prevail

Question 18

Treaty v. State Law

Answer 18

Treaty will prevail over state law

Question 19

Executive Agreements

Answer 19

President has the power to enter into executvie agreements with foreign nations

Executive agreements need not be ratified by the Senate

Question 20

Federal Statutes v. Executive Agreements

Answer 20

Conflicting federal statute prevails

Question 21

State Law v. Executive Agreement

Answer 21

Executive agreement will prevail over state law

Question 22

Impeachment Power

Answer 22

House of Representatives has the power to impeach

Senate has the power to try impeachments – 2/3 vote is needed to convict

Question 23

Reasons for Impeachment

Answer 23

1. Treason
2. Bribery
3. Other high crimes and misdemeanors

Question 24

Who does the president have the power to nominate?

Answer 24

High-level officials

*Senate has the power to confirm or reject

Question 25

Executive Immunity

Answer 25

• No civil liability for performance of official responsibilities
• Executive privilege regarding non-disclosure of confidential information