The Executive Branch Cheat Sheet (DRAFT) by kelahr

These enumerated powers are laid out in Article II. It makes the president the commander in chief of the armed forces with the advice and consent of the Senate, he has the power to make treaties and appoint ambass­adors and consuls, Supreme Court justices, and all other officers of the U.S. The president also has the ability to negotiate treaties, receive foreign ambass­adors, nominate top federal officials, veto bills, faithfully administer the laws, pardon certain persons convicted of federal crimes, and address Congress and the nation.

Presidents now use their State of the Union message to announce presid­ential programs. Presidents now submit extensive legisl­ative packages and work for their enactment in Congress. Article I, Section 7 gives the president a role in enacting law. Congre­ssional legisl­ation becomes law only on presid­ential approval or following a presid­ential veto with 2/3 vote of Congress. As president have become more and more involved in the legisl­ative process, the veto has been a formidable weapon.

The presid­ent's role as chief executive illust­rates the claims of implied power. The disputes over executive privilege and presid­ential immunity illustrate the limitation on implied powers. Although not expressly mentioned in the Consti­tution, a privilege is recognized against disclosure of presid­ential commun­ica­tions made in the exercise of executive power. This privilege derives from the doctrine of separation of powers. Where the presid­ential commun­ica­tions relate to military, diplom­atic, or sensitive national security secrets, the claim is supported by the courts. {U.S. v. Nixon}. Other presid­ential commun­ica­tions may not be privil­eged.

Article II confers the whole executive power to the President. The president is given broad authority to delegate and to appoint members of the executive branch. Article II, Section 2 specifies that the President shall nominate and appoint "with the advice and consent of the Senate­" all Ambass­adors, other public ministers and consuls, judges of the SC, and all other officers of the U.S." Congress may also vest to the President the appoin­tment of inferior officers. But what distin­guishes principal and inferior is not clear.

Article II, Section 1 vests executive power in the President. Much of the presid­ent's power, in both the domestic and foreign spheres, in implied. The SC has adhered to on overar­ching limitation on presid­ential power: The president may not make laws, he may only carry them out. The best known case evidencing this limitation is Youngstown Sheet & Tube Co. v. Sawyer.

Congress attempted to vest in the president pro tempore of the Senate and the Speaker of the House, the power to appoint a majority of the voting members of the Federal Elections Commis­sion. The Court found this plan uncons­tit­uti­onal.

The President has absolute immunity from civil liability for his official acts. This immunity does not extend to cabinet officers or other presid­ential aides.

Congress cannot make the appoin­tment itself but can give the appoin­tment to the President, the judiciary, and the heads of depart­ments. While Congress may designate who will appoint inferior officers, it cannot put the power in its own hands. The most Congress may do is prescribe the procedures by which the executive or judiciary branch shall make appoin­tments.

The Court held that an indepe­ndent counsel with the power to invest­igate and prosecute violations of federal law free from the executive branch control, was an inferior officer.

Article II, Section 1 vests executive power in the President. Much of the presid­ent's power, in both the domestic and foreign spheres, in implied. The SC has adhered to on overar­ching limitation on presid­ential power: The president may not make laws, he may only carry them out. The best known case evidencing this limitation is Youngstown Sheet & Tube Co. v. Sawyer.

Article II, Section 1 vests executive power in the President. Much of the presid­ent's power, in both the domestic and foreign spheres, in implied. The SC has adhered to on overar­ching limitation on presid­ential power: The president may not make laws, he may only carry them out. The best known case evidencing this limitation is Youngstown Sheet & Tube Co. v. Sawyer.

Article II, Section 1 vests executive power in the President. Much of the presid­ent's power, in both the domestic and foreign spheres, in implied. The SC has adhered to on overar­ching limitation on presid­ential power: The president may not make laws, he may only carry them out. The best known case evidencing this limitation is Youngstown Sheet & Tube Co. v. Sawyer.