Constitutional Law 3: The Federal Executive Power

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TheoneandonlyMJ
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93955
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Constitutional Law 3: The Federal Executive Power
Updated:
2011-07-13 19:43:28
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NY Bar Exam Handouts
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MBE Constitutional Law Part 3 Federal Executive Power
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  1. What are TREATIES? How do they become EFFECTIVE?
    Agreements between the United States and a foreign country that are negotiated by the President.

    They become effective when ratified by the Senate.
  2. Which trumps:

    Treaty v. (conflicting) State Law
    Treaty
  3. Which trumps:

    Treaty v. (conflicting) Federal Statute
    The one adopted LAST IN TIME
  4. Which trumps:

    Treaty v. US Constitution
    US Constitution
  5. What is an EXECUTIVE AGREEMENT? How does it become EFFECTIVE?
    An agreement between the US and a foreign country.

    It becomes EFFECTIVE when signed by the President and the head of a foreign nation. Senate approval is NOT required.
  6. Which trumps:

    Executive Agreement v. (conflicting) State Law
    Executive Agreement
  7. Which trumps:

    Executive Agreement v. (conflicting) Federal Law
    Federal Law
  8. Which trumps:

    Executive Agreement v. US Constitution
    US Constitution
  9. True or False:

    The President has BROAD powers as Commander-in-Chief to use American troops in FOREIGN countries.
    True. (at least, it's never been held unconstitutional)
  10. What is the APPOINTMENT POWER?
    The President appoints AMBASSADORS, FEDERAL JUDGES, and OFFICERS OF THE UNITED STATES, although the SENATE must approve the nomination for that person to take office.

    Congress may vest the appointment of inferior officers in the President, Heads of Departments, or lower federal courts.
  11. What is the REMOVAL POWER?
    Unless removal is limited by STATUTE, the President may fire ANY Executive Branch official.
  12. How may Congress limit the REMOVAL POWER?
    By statute. TWO requirements must be shown:

    1. It must be an office where INDEPENDENCE from the President is desirable; AND

    2. Congress cannot PROHIBIT removal; it can LIMIT removal to where there is GOOD CAUSE shown.
  13. Who may be IMPEACHED and REMOVED from office? For what?
    The President, Vice President, federal judges, and all officers of the United States can be impeached and removed from the office for TREASON, BRIBERY, or HIGH CRIMES AND MISDEMEANORS.
  14. What is Congressionally required for someone to be IMPEACHED? CONVICTED?
    Impeachment by the House requires a MAJORITY vote; conviction in the Senate requires a TWO-THIRDS vote.
  15. What types of immunity ARE and ARE NOT enjoyed by the President?
    The President has ABSOLUTE IMMUNITY to civil suits for money damages for any actions while in office.

    The President does NOT have immunity for actions that occurred prior to taking office.
  16. Describe the President's EXECUTIVE PRIVILEGE.
    The President has executive privilege for PRESIDENTIAL PAPER and CONVERSATIONS, but such privilege must YIELD to other important government interests.
  17. Describe the President's PARDON POWER.
    The President has the power to pardon anyone accused or convicted of federal (not state) crimes, except where the person to be pardoned has been IMPEACHED by the House. (That person can never be pardoned for the underlying crimes that let to the impeachment.)

    The President's power to pardon does NOT apply to CIVIL liability.

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