Constitutional Power: Executive Power

Front 1

Domestic Powers

Back 1

1) Enforcement (power and duty to enforce laws)

2) Appointment and Removal

3) Pardon

Front 2

Appointment and Removal

Back 2

Appointment of ambassadors, federal judges, officers of US (cabinet); Senate advice and consent by majority vote [Prez may remove @will; Congress may limit prez removal of other execs to good cause]

Congress may vest appointment power of inferior officers in President, department heads, judiciary

Congress may not directly appoint executive branch officials; may not remove exec official except via impeachment

Front 3

Pardon

Back 3

President may pardon anyone accused or convicted of a federal crime. Doesn't cover civil liability.

Exception: not crimes underlying impeachment by House of Representatives

Note: does not cover civil liability

Front 4

Foreign Powers

Back 4

1) War: Congress alone has power to declare war. President as CIC has broad discretion to deploy troops to protect American lives/property. Congress checks through power of purse.

2) Treaties and Executive Agreements

Front 5

Treaties
1) President negotiates
2) Senate ratifies by 2/3 vote
3) Trumps existing state/fed law
4) Trumps existing fed law, but not future fed law or Constitution

Back 5

Executive Agreements

1. President enters w/head of foreign nation
2. Senate does nothing
3. Trumps existing/future state law
4. Federal law always trumps exec agreements

Front 6

Congress may impeach Pres, VP, federal judges, all officers of the US for treason, bribery, other high crimes and misdemeanors

Back 6

1) House passes articles of impeachment by majority vote

2) Senate convicts by 2/3 vote

3) Removal requires both

Front 7

Presidential Immunity and Executive Privilege

Back 7

Absolute immunity from civil damages for any actions arguably within official responsibilities.

No immunity from private suits for conduct prior to taking office

Exec privilege protects confidentiality of pres. communications; may yield if outweighed by important gov interests.