FEDERAL INTERBRANCH RELATIONSHIPS

CONGRESSIONAL LIMITS ON THE EXECUTIVE - Impeachment

The House of Representatives may impeach (i.e., bring charges against) the president, vice president, and all civil officers of the United States by a majority vote. The Senate then tries the impeached official and can convict by a two-thirds vote. Consequences of impeachment may include removal from office or disqualification from holding future office—but criminal penalties do not attach.

Appropriation

If Congress explicitly mandates expenditure of funds, then the president cannot impound those funds by refusing to spend them. If there is no such mandate, the president may decide whether to spend the funds.

Legislative Veto

It is unconstitutional for Congress to attempt a legislative veto of an executive action (i.e., to retain direct control over an executive agency’s actions, rather than properly passing a bill).

DELEGATION OF LEGISLATIVE POWER

Congress may delegate some of its authority to the executive branch if Congress specifies an “intelligible principle” to guide the delegate. However, certain powers are nondelegable (e.g., impeachment power, power to declare war).

IMMUNITIES AND PRIVILEGES - Judicial

A judge has absolute immunity from civil liability for damages resulting from judicial acts but does not have immunity regarding nonjudicial activities (e.g., hiring and firing court employees).

Legislative

Members of Congress have absolute immunity from civil or criminal liability for statements made and conduct that occurred in the regular course of the legislative process.

Executive

The president has immunity from civil liability regarding any act performed as part of the president’s official responsibilities. However, the president has no immunity from:

• A civil action based on alleged conduct before the president took office or completely unrelated to presidential duties (even while in office)

• Compliance with a subpoena in federal or state criminal proceedings and

• Compliance with a congressional subpoena involving personal matters (at the court’s discretion and subject to restrictions).

Members of the executive branch also enjoy a qualified executive privilege with respect to the disclosure of confidential information to the judiciary or Congress