Federal Executive Power

What article does executive power come from?

Article II

What powers does the president have?

(1) inherent power; (2) veto power; and (3) appointment and removal power.

What is the rule statement for inherent power?

If the president acts with the express or implied authority of Congress, the act will likely be upheld. If Congress is silent, the act will be upheld as long as the act does not impede into the powers of another branch of the government. If the President acts against the express will of Congress, the act is likely to be found invalid.

What is the rule statement for veto power?

Under the Presentment Clause, every bill must be approved by both houses of Congress and presented to the President for his signature. After presentment, the President can sign the bill, veto the bill, or do nothing. If the president does nothing, after ten days: (1) if congress is in session, the bill becomes law or (2) if congress is not in session, the bill automatically vetoed. If the President veto’s a bill, Congress may override a veto by a 2/3 vote.

What is the rule statement for appointment power?

Under the Appointments Clause, the president may appoint executive branch officers. A principal officer must be appointed by the President and confirmed by the Senate. An inferior officer does not need Senate confirmation and Congress can authorize appointment by someone other than the President.

What is the rule statement for removal power?

The Constitution gives the President implied power to remove an executive officer. However, Congress can insulate some officers from removal by requiring a showing of good cause.

If the executive branch is being sued, what should you argue?

Executive privilege

What is the rule statement for executive privilege?

Executive privilege protects presidential communications between the president and advisors. Presidential documents and private conversations are presumptively privileged, but may yield to the need of such materials as evidence in a criminal case. However, the court gives great deference when it relates to military, diplomatic, or sensitive national security secrets.

What are the limitations to executive agencies?

(1) non-delegation doctrine and (2) major question doctrine.

What is the rule for non-delegation doctrine?

Under the nondelegation doctrine, Congress may delegate its authority to executive agencies as long as Congress includes intelligible standards (low standard) for the agency to follow. (Dormant since 1953)

What is the rule for major question doctrine?

Under the major question doctrine, an executive agency may act on a major question of economic or political significance only if there is a CLEAR STATEMENT reflecting Congress’s intent to delegate.

What serves as a check on the president for abuse?

Impeachment

What is the rule statement for impeachment?

Congress has the power to remove the president and other federal officers for treason, bribery, or other high crimes and misdemeanors. The house has the sole power to Impeach with a simple majority and the senate has the sole power to conduct impeachment trials with a two thirds majority.