Con Law - Executive Power

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  1. Domestic Powers
    • President
    • has power and duty to enforce or carry out the laws of Congress
    • may not make law, only carry it out; except if there is 1) emergency and 2) Congress has not said no to the particular act
    • must carry out Congressional directives
    • may sign or veto legislation (no line item)
    • has exclusive power to pardon for federal offenses
    • has the power to appoint and remove executive officials (can't directly appoint, may appoint Congressional workers)
    • may limit President's appointment in 2 ways:
    • 1. principal officers - amabassadors, judges, cabinet heads (advice and consent)
    • 2. inferior officers - answer to another, limited duties (Congress may vest in President, dept. heads, judiciary)
    • Congress can only directly remove executive branch officials through impeachment - can limit Presidnet's power to remove (for cause)
  2. War and Foreign Affairs Powers
    • Congress alone has the power to declare war - also retains purse strings
    • President may act w/out any approval of Congress, as the chief foreign policy spokesperson of the govt (receive ambassadors, or meet w/ heads of state)
    • When President seeks to enter into agreements with foreign govts, some Congressional approval is required (treaties get 2/3 senate approval, executive agreements get no specific approval, conflict b/t treaties/exec agreements & legislation - congress specifically disapproves)
  3. Presidential Immunities
    • President enjoys a presumptive privilege not to disclose presidential communications - balancing test is used
    • President is absolutely immune from civil suits for damages for any Presidential acts, such as wrongful firing of employee
  4. Impeachment
    Articles of Impeachment by the House, trial by the Senate w/ 2/3 vote, removal from office
Card Set
Con Law - Executive Power
Con Law - Executive Power
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