Executive Powers

Question 1

What are the main powers of the President?

Answer 1

1. Enforcement of laws;
2. Commander in chief;
3. Appointment powers;
4. Removal powers;
5. Pardon power; and
6. Veto powers

Article II, Section 1

Question 2

What are the President’s appointment powers?

Answer 2

Can appoint high-level officers with advice and consent of the Senate

Appointments Clause: Article II, Section 2, Clause 2

Question 3

What are inferior officers and how can they be appointed?

Answer 3

Officers whose work is supervised by superiors that were appointed by the President and confirmed by the Senate (i.e. through standard appointment process).

Congress can delegate power to appoint inferior officers to:

1. The President (can appoint without approval of Senate);
2. The courts; or
3. Heads of executive departments

Question 4

Can Congress directly appoint federal executive officers?

Answer 4

No, cannot appoint officers of the United States (i.e. officers with enforcement or administrative powers)

Question 5

Can Congress remove an executive branch official?

Answer 5

Yes, but only by impeachment.

Question 6

What are the President’s removal powers?

Answer 6

Can remove high-level executive appointees without cause

⚠️ Exception: must show cause to remove:

1. Officer performing a judicial or quasi-judicial role; or
2. Officer appointed for a statutorily specified duration

Question 7

How can federal judges be removed?

Answer 7

Only by impeachment. Cannot be “during good behavior”

(Article III, Section 1)

Question 8

What are the President’s veto powers?

Answer 8

Power to veto any law passed by both houses within 10 days of receiving it (if no veto, bill automatically becomes law)

Article I, Section 7

Question 9

Define

pocket veto

Answer 9

If the president fails to act during the veto period and Congress is not in session, the bill will be automatically vetoed.

If Congress is in session, the bill will become law.

Question 10

Define

line item veto

Answer 10

Vetoing specific lines or parts of a bill without vetoing the whole. Unconstitutional.

Question 11

Can Congress override a Presidential veto?

Answer 11

Yes, with a 2/3 majority vote in House and the Senate

Question 12

What are the President’s pardon powers?

Answer 12

• Power to pardon or commute sentences for criminal, federal crimes
• Cannot pardon those who have been convicted and impeached

Article II, Section 2

Question 13

Can Congress limit the President’s pardon powers?

Answer 13

No

Question 14

Define

executive privilege

Answer 14

Qualified privilege that protects the President from having to disclose confidential communications related to his/her Presidential duties (e.g. national security, military or diplomatic secrets)

Question 15

When can executive privilege be overruled?

Answer 15

By a showing of compelling government interest.

For example, in U.S. v. Nixon, privilege overruled because of the compelling interest in disclosure of Presidential communications for criminal trial.

Question 16

What type of conduct is covered by executive immunity?

Answer 16

Conduct during office for official duties

⚠️ No immunity for actions before President took office or those unrelated to official duties

Question 17

What is the President’s treaty power?

Answer 17

Power to make treaties with foreign governments, must be ratified by 2/3 of the Senate

Question 18

If a treaty conflicts with federal law, which will take priority?

Answer 18

Whichever was signed most recently

Question 19

If a treaty conflicts with a state law, which one has priority?

Answer 19

Treaty

Question 20

If a treaty conflicts with the Constitution, which one prevails?

Answer 20

Constitution

Question 21

Define

executive agreement

Answer 21

Agreement made with a foreign nation that does not require 2/3 Senate approval

Question 22

If an executive agreement conflicts with a federal statute or treaty, which one has priority?

Answer 22

federal statute or treaty

Question 23

If an executive agreement conflicts with a state law, which one has priority?

Answer 23

executive agreement

Question 24

What is the President’s authority as Commander in Chief?

Answer 24

• Can only take military action to defend a sudden, hostile attack
• Cannot declare war (only Congress)

⚠️ The extent of the President’s military authority is much contested and unclear. For more info, see Commander in Chief Powers

Question 25

For **what reasons** can the President, Vice President, or other federal officers be **impeached**?

Answer 25

For treason, bribery, and other "high crimes and misdemeanors" ## Footnote [Article II, Section 4](https://www.annenbergclassroom.org/page/article-ii-section-4)

Question 26

What is the **impeachment** process?

Answer 26

**Step 1:** House of Representatives votes to **impeach** (majority vote); then **Step 2:** Senate conducts a trial and votes to **convict and remove** from office (2/3 vote)