Executive Power, Part I
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This document appears to be a slide presentation on executive power in the U.S. government. It covers topics such as the structure of the executive branch including executive departments and independent agencies, the qualifications and election of the President, the President's powers including executive privilege, ways the President can be investigated or removed from office such as impeachment, whether the President has immunity from civil or criminal charges, the line of succession, and the process for temporary removal of the President outlined in the 25th Amendment. The presentation provides an overview of these key aspects of executive power under the U.S. Constitution.
Executive Power, Part I
- 1. Slide 1 U.S. Constitutional LawU.S. Constitutional Law Executive Power Part I
- 2. Slide 2 U.S. GovernmentU.S. Government See Handout on StudIP Notice these offices inside the White House
- 3. Slide 3 Executive BranchExecutive Branch
- 4. Slide 4 AgenciesAgencies Exist inside Executive Departments or independently. Broad Definition – every non-military entity other than courts and legislature. Types: regulatory and welfare. States have separate and distinct agencies. Possible Powers → rule-making, enforcement and/or adjudication powers. What about separation of powers?
- 5. Slide 5 Independent AgenciesIndependent Agencies Exist “outside” of the Executive Branch Created by Congress to be independent Usually headed by a commission or board Appointed by President, confirmed by Senate, serving staggered terms. President can remove commissioners “for cause.” Examples: See bottom of government organization handout
- 6. Slide 6 Creation of AgenciesCreation of Agencies Created by Congress via enabling statutes Describes agency's structure, purpose and defines powers = delegation of power. The delegation of power must specify: Who and what are the subject to the power. The harm to be prevented. Guidance as to how the prevention will be carried out = what power(s) the agency has.
- 7. Slide 7 Example of Agencies within a Department Example of Agencies within a Department Department Of Interior Agencies
- 8. Slide 8 Qualification to be PresidentQualification to be President Natural born citizen What does this mean? What the difference between natural born and naturalized? For a more in-depth discussion of this see the background reading on StudIP.
- 9. Slide 9 Election of PresidentElection of President Not directly elected Electoral College – see here for moresee here for more Electoral votes per state = # of members of Congress (House and Senate) it has. All but two states have winner take all. Electoral college casts votes at later date. Most states bind their electoral college voters by law. https://www.youtube.com/watch?v=W9H3gvnN468 Four year term Can only be elected twice Changed by 22nd AmendmChanged by 22nd Amendm entent
- 10. Slide 10 Abuse of PowerAbuse of Power What happens if President/Executive Officer abuses power or engages in wrongdoing? Can they be investigated? If so by whom? Must they cooperate with the investigation? Can they be sued in court? Can they be removed?
- 11. Slide 11 Cliqr SurveyCliqr Survey Should the President be forced to make public confidential discussions he has with his advisors? Should Congress have the power to hire a “special prosecutor” to investigate the President? Should the President be forced to defend a civil lawsuit while in office? Should the President have criminal immunity while in office?
- 12. Slide 12 Executive PrivilegeExecutive Privilege Executive Privilege - an “implied power” ability to keep secret conversations with or memorandum to or from advisers Court says President has this power. However this is not absolute – U.S. v. NixonU.S. v. Nixon Vice-President and Executive Officers can also exercise this power As long as they are working at request of President. Cheney v. United States District Court (2004)
- 13. Slide 13 U.S. v. NixonU.S. v. Nixon Facts: President Nixon refused to give special prosecutor taped conversations he had in the Oval Office. President is target of investigation. Holding: Presidents have “executive privilege” BUT this cannot be used to interfere with criminal investigations
- 14. Slide 14 Can the President be Investigated? Can the President be Investigated? By the Department of Justice Attorney General (AG) can appoint special counsel. Independent investigation? President could order AG to fire special counsel. Saturday Night MassacreSaturday Night Massacre. Special counsel appointed by Congress? Upheld in Morrison v. Olson. Law said if AG fails to do so after 90 days, judges on the DC Court of Appeals can appoint counsel.
- 15. Slide 15 U.S. v. MorrisonU.S. v. Morrison Issue: Executive Branch given power to prosecute But here Congress starts the investigation Separation of powers violation? Court held no separation problem because: Special Prosecutor is inferior officer; these don’t always have to be appointed by Executive Branch Court had no control over special prosecutor. AG (Executive Branch) could still fire prosecutor.
- 16. Slide 16 Suing the President: Civil Immunity Suing the President: Civil Immunity Cannot be sued for money damages for official conduct undertaken while in office. Can be sued in federal court for conduct prior to taking office. see Clinton v. JonesClinton v. Jones. What about in state court? See article in StudIP (“Trump Civil Immunity”)
- 17. Slide 17 Can the President be Charged with a Crime? Can the President be Charged with a Crime? Immunity: Criminal Criminal Prosecutions – no case has ever dealt with whether a sitting President can be charged. Most scholars believe the answer is no, and removal is the only remedy.
- 18. Slide 18 RemovalRemoval Two step process: Impeachment (majority vote of House) Article I, Section 2 Conviction (2/3 of Senate) Article 1, Section 3 “Treason, Bribery, or other high Crimes and Misdemeanors” Article II, Section 4 What is a high crime and misdemeanor?
- 19. Slide 19 Lines of SuccessionLines of Succession The 25th AmendmentThe 25th Amendment Vice President becomes President upon death or resignation of President. Sets forth how vacancy of Vice-President will be filled. Appointment by President, consent by majority of BOTH houses. Allows President to temporarily relinquish his office. Allows for forced temporary removal. President Johnson, a heart attack survivor & seated behind him 1st in line Speaker of the House John McCormack (71) & 2nd in line President Pro Temp Carl Hayden (88)
- 20. Slide 20 Temporary RemovalTemporary Removal Majority of Cabinet and Vice President votes to temporarily remove President. President can then respond to President Pro tempore of Senate that he is fit and able to function as President. If Vice President and majority of Cabinet still claim President is not able, then it takes 2/3 vote of BOTH houses to temporarily remove President. 25th Amendment, Section 4