Constitutional Law: Separation of Powers: Federal Executive Power

• Federal Executive Power – A2: Powers of the President: For Domestic Policy and Foreign Policy.

• Domestic Policy: POTUS must faithfully execute the laws

• Appointment Power: Appoints purely executive officers (Senate confirmation is often required).

• “Officers of the U.S.” – heads of departments who have administrative powers; only POTUS may appoint.

• Removal Power: POTUS may remove purely executive officers. May not remove judges or people with fixed terms without good cause.

• Congress may not appoint even inferior officers (i.e. special prosecutors) – but may delegate appointment of inferior officers to either judiciary or executive branch (cabinet members) or POTUS.
• Congress has no power to remove.

• No Legislative Power: POTUS has no legislative power; he may veto an act of Congress within 10 days as a check and a balance. Such veto may be overridden by a 2/3 vote of each house of Congress.

• Pardon Power: A2 power; extends to offenses against the U.S.; Applies only to federal crimes, NOT state crimes.

• Executive privilege: The privilege to refuse or disclose information. It is absolute as to military or diplomatic secrets. Otherwise it is a qualified privilege that must yield to important government interests.

• Immunity from civil suits: POTUS enjoys absolute immunity in civil suits for money damages for actions committed while in office.

• Commander-in-Chief: of armed forces. POTUS may deploy armed forces in occupied areas even before the outbreak of war. POTUS has broad emergency powers.

• Congress has power to declare war and raise and support armed forces.

• Federal government has full authority over state militias.

• POTUS may declare an end to war.
  
  

• Foreign Affairs: A shared power controlled by both Congress and POTUS. POTUS does not have exclusive power.

• Sources of POTUS’ Foreign Affairs Power: (1) his Commander-in-Chief; (2) Treaty Power; (3) Congressional Authorization--- the delegation by Congress of its power to the president.

• Treaties: agreements between U.S and foreign country negotiated by President and effective when ratified by the Senate.

• Executive Agreements: [no Senate approval required]: agreements negotiated by the President and the leader of a foreign country that is effective when signed by both people. Can be used for any purpose.