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16 Cards in this Set

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  • Back
Categories of the Federal Executive Power?
1. Foreign Policy
2. Domestic Affairs
What falls under Foreign Policy?
1. Treaties
2. Executive agreements
3. Commander-in-Chief
What are treaties?
Agreements between the United States and a foreign country that are negotiated by the President and are effective when ratified by the Senate
What are the rules pertaining to treaties?
1. Treaties prevail over conflicting state laws
2. If a treaty conflicts with a federal statute, the one adopted last in time/most recently controls
3. If a treaty conflict with the Constitution, the treaty is invalid.
What are executive agreements?
An agreement between the United States and a foreign country that is effective when signed by the President and head of the foreign nation.

They can be used for any purpose.
Over what do executive agreements prevail?
Conflicting state laws only!
Conflicting federal laws and the Constitution prevail over federal agreements.
What are the President's Commander-in-Chief powers?
President has broad powers to use American troops in foreign countries.
What are the Domestic Affairs powers of the Executive?
1. Appointment and removal
2. Impeachment and removal
3. Pres. has absolute immunity to civil suits for money damages for actions in office.
4. Pres. has executive privilege for presidential papers and conversations.
5. Pres. has power to pardon those accused or convicted of federal crimes.
What are the appointment power rules?
1. President appoints ambassadors, federal judges, and officers of the U.S.
2. Congress may vest the appointment of inferior officers in the President, the heads of depts, or the lower federal courts
3. Congress may not give itself or its officers the appointment power
What is the removal power?
Unless removal is limited by statute, the President may fire any executive branch officer.
When can Congress limit (never prohibit!) removal?
1. An office where independence from the President is desirable, and
2. When there is good cause.
Rule on impeachment and removal?
President, VP, federal judges, and officers of the U.S. can be impeached and removed from the office for treason, bribery, or for high crimes and misdemeanors.
Does impeachment remove a person from office?
No.
Impeachment by the House requires a majority vote; conviction by the Senate requires 2/3 vote.
When doesn't the President have immunity for civil suits for money damages?
President doesn't for actions that occurred prior to taking office.
President's executive privilege for presidential papers and conversations must yield to what?
Other important governmental interests. Executive privilege is not absolute.
What are the exceptions to the President having power to pardon those accused or convicted of federal crimes?
1. An impeached person can't be pardoned.
2. Only pardon for federal CRIMINAL liability.