Constitutional Law 1 Quiz 3

There are certain powers granted to the executive branch textually in the Constitution found in Article 2 that include:

• The appointment power

• Veto power

• War powers

• Power to grant pardons

• The power to line item veto

3 powers the president exercises (the 3 E’s)

• Executive Privilege

• Executive Agreement

• Executive Orders

• Executive Hold Out

Answer explanation

1. Executive privilege→ the ability of the president to keep secret conversations, secret in regards to discussions he has with advisers (non textual); 

• allows president to receive candid advice; 

• the basis is for the protection of national security, matters of diplomacy, and maintaining secrecy in matters of diplomacy

3. Executive order → (non textual) this is a signed written order from the President that attempts to management some portion of the operation of the government; 

• it is not actual legislation do not require approval of Congress

• Congress can refuse to appropriate funds for a particular action afforded by the president to carry out the executive order

• Congress can present a law to refute the executive order 

• Only a sitting president can overturn an existing executive order by issuing another order that contravenes the previous order

4. Executive agreement → an agreement b/w the US and a foreign country on a particular issue that becomes effective when signed by the President and the authorized head of another country

• non textual; 

• does not need to be approved by the Senate

• No executive agreement has ever been declared unconstitutional by SCOTUS

None of these are textual powers spelled out in the constitution

Executive privilege is

1. 1. the ability of the president to keep ​ (a)   conversations, secret in regards to ​ (b)   he has with advisers (non textual);

2. 2. allows president to​ (c)   candid advice;

3. 3. is the basis is for the ​ (d)   of national security, matters of diplomacy, and maintaining secrecy in matters of ​ (e)  

• secret
• receive
• protection
• diplomacy
• discussions

Executive order is (non textual) this is a signed written ​ (a)   from the President that attempts to management some portion of the operation of the ​ (b)   ;

it is not actual legislation and does not require the ​ (c)   of Congress

Congress can refuse to ​ (d)   funds for a particular action afforded by the president to carry out the executive order

Congress can present a law to refute the executive order

Only a sitting president can overturn an existing executive order by issuing another order that ​ (e)   the previous order

• order
• government
• approval
• appropriate
• contravenes

1. Executive agreement → an agreement b/w the US and a ​ (a)   country on a particular issue that becomes ​ (b)   when signed by the President and the authorized head of another country

• non textual; 

• does not need to be ​ (c)   by the Senate

• No executive agreement has ever been declared ​ (d)   by SCOTUS

None of these are ​ (e)   powers spelled out in the constitution

• foreign
• effective
• approved
• textual
• unconstitutional

The president has textual power to enter into a treaty but the treaty has to be approved by ⅔ of the Senate.

• True

• False

The president’s power is ​ (a)   (or plenary) when it comes to ​ (b)   federal criminal convictions only, not civil ​ (c)   can be granted any time after the ​ (d)   of the crime, but a pardon cannot be used for an ​ (e)   person. The President cannot pardon a federal judge. A president cannot be pardoned who has been impeached.

• pardoning
• convictions
• commission
• impeached
• absolute

What is true about Presidential Immunity

• ().

• No cases address whether a sitting president can be criminally prosecuted.

• A sitting president may be sued, deposed, and brought to trial while in office for unofficial conduct which occurred prior to the time he took office.

• A sitting president cannot be sued while in office, for money damages civilly. 

• A sitting president would not be immune to something he did before he became president – civilly

The president has the power to ​ (a)   government officials. But there is nothing in the Constitution about ​ (b)   of government officials, so a president can remove executive officials unless that removal is limited by ​ (c)  

This is ​ (d)   , vested in the executive branch to make​ (e)   to certain government officials

The power to remove is not found in the constitution which causes problems

• appoint
• removal
• statute
• appointments
• textual

Veto Power is when Congress enacts a law and they present it to the President and s/he refuses to sign the legislation →this is textual

• True

• False