2 Informal powersThose powers not explicitly written in the Constitution . It is also called inherent powersBased on the “faithfully execute” clause in the presidential oath which is in the US Constitutionsimilar to “necessary and proper” powers of CongressIn the modern era (since 1933), the President’s informal powers may be significantly more powerful than his formal powers.
4 PersuasionGiven more media coverage than other government officials so he/she can persuade the public more easily. (Heavily influence by public opinion polls though)White House Press Corps follows him every where
5 PersuasionFormal powers of veto, recommending measures to Congress, and calling a special joint session of Congress allow for persuasion of legislative branchForeign policy powers of appointing ambassadors, creating treaties/exec agreements, influence foreign leaders and organizations (UN)
6 Executive ordersOrders issued by the President that carry the force of law that do not need Congressional approval - part of “faithfully execute” clause in presidential oath in the US ConstitutionMust be tied to an expressed power of president or law passed by Congress.US Supreme Court can overrule these orders if the Court rules it violates the US Constitution.
7 Executive orders Why are they done? Congressional inaction Immediate attention is needed to an important/emergency situation.Clarification/updating of an already existing law or policy passed by Congress or executive agency.Something the President wants done
8 Recent executive orders Obama’s order to revise immigration procedure. (2015)Obama’s order to increase minimum wage for federal workers/contractors.(Feb 2014)riefing-room/presidential- actions/executive-orders
9 Controversial executive orders FDR’s internment of Japanese Americans. This order was reviewed in the case Korematsu vs. US and the Supreme Court ruled in favor of the detentions due to the fact the Congress approved it and it was wartime.Clinton’s directive to initiate the military policy Of Don’t Ask, Don’t Tell for gay soldiers. This Policy has since been changed via a law passed 2010.
10 Executive agreementsInternational agreements, usually related to trade, made by a president that has the force of a treaty; does NOT need Senate approvalOften organized by State Department or Trade AgenciesExamplesJefferson’s purchase of Louisiana in 1803
11 Executive agreementsSometimes seen as unconstitutional because Senate does not have to approve.Huge increase in this over actual treaties approved by Senate during the 20th centuryExample - Arms Control Acts made by numerous presidents
12 Executive privilegeClaim by a president that he/she has the right to decide that the national interest will be better served if certain information (such as private correspondence with aids and department secretaries) should be withheld from the public, the federal Courts, and Congress. This makes it more difficult to investigate a president.United States v. Nixon (1973) – presidents do NOT have unqualified executive privilege (Nixon Watergate tapes)
13 Questions to considerWhy are informal powers more important than formal powers, particularly to modern presidents?Identify several advantages and disadvantages of the use of the president’s informal powers.Has the use and perhaps abuse of the informal powers created an “Imperial Presidency?” Defend your answer.