Constitutional Law - Fed Exec Power & Fed Leg Power

Front 1

Federal Executive Power:
- Foreign Policy: TREATIES

Back 1

Agreements between the US & foreign country negotiated by Pres & effective when ratified by Senate.
1. Prevail over conflicting state laws.
2. If a treaty conflicts with a fed statute, the one adopted LAST IN TIME controls.
3. If a treaty conflicts with the US Const, it is INVALID.

Front 2

Federal Executive Power:
- Foreign Policy: EXECUTIVE AGREEMENTS

Back 2

Agreements between US & a foreign country that is effective when signed by Pres & head of foreign nation.
1. Can be used for any purpose – SC has never invalidated one
2. Prevail over conflicting state laws, but NEVER over conflicting fed laws or the Const.

Front 3

Federal Executive Power:
- Foreign Policy: President's Commander-in-Chief & War Powers

Back 3

President has broad powers as to use US troops in foreign countries (SC has never declared this unconstitutional)
- BUT war power is SHARED WITH CONGRESS, which can declare war and raise army/navy

Front 4

Federal Executive Power:
- Domestic Affairs: APPOINTMENT POWER

Back 4

1. Pres appoints US ambassadors, fed judges & officers (then Senate must approve appointment)
2. Congress may vest appointment of inferior officers (those that may be fired by officers US)
3. Congress may NOT give itself or its officers the appointment power.

Front 5

Federal Executive Power:
- Domestic Affairs: REMOVAL POWER

Back 5

- Unless removal is limited by statute, President may fire any exec branch office.
- Congress may limit Pres Removal Power in 2 circumstances:
1. An office where independence from the Pres is desirable (not in Pres’ cabinet) &
2. Congress cannot prohibit removal but can limit removal to where there is GOOD CAUSE.

Front 6

Federal Executive Power:
- Domestic Affairs: IMPEACHMENT & REMOVAL

Back 6

- Pres, VP, fed judges & officers of the US can be impeached & removed from office for treason, bribery, or for high crimes & misdemeanors
- Impeachment does not remove a person from office (impeached in House; only if Senate convicts is person removed)
- Impeachment by House of Reps requires a majority vote; conviction in the Senate requires a 2/3 vote

Front 7

President has ABSOLUTE IMMUNITY:

Back 7

- to civil suits for money damages for any actions while in office.
- Pres does NOT have immunity for actions that occurred PRIOR to taking office.

Front 8

President has EXECUTIVE PRIVILEGE:

Back 8

- for pres papers and conversations, but such privilege must yield to other overriding/important governmental interests.

Front 9

President has the EXCLUSIVE POWER TO PARDON:

Back 9

- those accused or convicted of FEDERAL crimes – but for criminal liability only, no civil liability and can’t pardon impeachments from House.

Front 10

Federal Legislative Power
- Fed police power?

Back 10

No general federal police power
- EXCEPT for military, Indian reservations, federal land and territories, and District of Columbia

Front 11

Federal Legislative Power
- The Necessary and Proper Clause

Back 11

Congress may use any means not prohibited by Const to carry out its authority

Front 12

Federal Legislative Power
- Taxing/Spending Power

Back 12

Congress may TAX & SPEND $ for the GENERAL WELFARE (must go together)

Front 13

CONGRESS’ COMMERCE POWER
- Congress may regulate:

Back 13

1) Commerce w/i states, with Indian tribes, and with foreign nations
2) Channels of interstate commerce
3) Instrumentalities of interstate commerce & persons/things in interstate comm
4) Economic activities that have a substantial effect on interstate commerce

Front 14

The 10th Amendment as a LIMIT on Congressional Powers

Back 14

Congress cannot compel state regulatory or legislative action (COMMANDEERING),
- BUT may induce state govt action by putting strings on grants, so long as the conditions are expressly stated and relate to the purpose of the spending programs.
- Congress may prohibit harmful commercial activity by state governments

Front 15

Congress may not create new rights or expand the scope of rights (§ 5 of 14th A)
- What can Congress do (re: violations of indiv rights)?

Back 15

- Congress may act only to prevent/remedy violations of rights recognized by the courts
- Such laws must be “proportionate” & “congruent” to remedy const violations.

Front 16

Legislative vetos and Line-item vetos are unconstitutional

Back 16

1. For Congress to act, need bicameralism (passage by both House and Senate) and presentment (giving the bill to the President to sign or veto)
2. President must sign or veto the bill in its entirety (not certain parts)

Front 17

Delegation of Powers

Back 17

Congress may not delegate executive power to itself or its officers