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Flashcards in Executive Power Deck (24)
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1

Powers of the President

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

2

Enforcement of Laws

President can enforce laws but he cannot make them

3

Appointment Power

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

4

Congress can delegate the appointment of "inferior" officers to:

  1. the president;

  2. the judiciary; or

  3. heads of departments. 

5

Who can the presient remove without cause?

  • Any executive appointee without cause/at will

6

For whom does the President need cause to remove?

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

7

Special Prosecutor

President cannot remove a Special Prosecutor who is investigating the president

8

Veto Power

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

no veto = bill becomes law

9

What is a Pocket Veto?

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

10

Line-Item Veto

Unconstitutional

11

Congressional Override

Congress can override a president veto,

can cannot override a pocket veto

12

Pardon Power

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

13

What is the President's Executive Privilege?

  • 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

14

When is presumptive privilege overcome?

When confidential communications are subpoenaed as evidence in a criminal trial

15

What are the President's military powers?

  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

16

What is the President's Treaty Power?

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

17

Treaty v. Federal law

A federal treaty will prevail against an earlier statute,

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

18

Treaty v. State Law

Treaty will prevail over state law

19

Executive Agreements

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

 

Executive agreements need not be ratified by the Senate

20

Federal Statutes v. Executive Agreements

Conflicting federal statute prevails

21

State Law v. Executive Agreement

Executive agreement will prevail over state law

22

Impeachment Power

House of Representatives has the power to impeach

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

23

Reasons for Impeachment

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

24

Who does the president have the power to nominate?

High-level officials

 

*Senate has the power to confirm or reject