US Presidency- Implied/Informal Powers

Which informal powers come from the 'take care' clause?

Executive Orders-- The President ordering the executive branch to carry out an action, this can almost amount to legislative power

The President's main implied/informal powers?

Executive orders, executive agreements, signing statements, forming a cabinet, executive privilege

Informal sources of Presidential power?

Power of persuasion, individual electoral mandate, media position, national events of emergency

Example of usage of executive orders:

Obama DACA (immigration reform), Trump Muslim country travel ban, Biden repeal of Trump's Muslim country travel ban

What is an executive agreement? What is a congressional-executive agreement?

Executive agreements are unilateral agreements between the President and other Heads of State-- basically a treaty. A congressional-executive agreement is similar to a treaty but requires only a bare majority of support

Example of a congressional-executive agreement:

NAFTA- trade deal

How many executive orders has Biden used as of April 2024?

137

Example of an executive agreement:

Obama's Iran Deal which offered concessions on economic sanctions for Iran to reduce their nuclear programme

How many executive agreements vs treaties have the US had?

9000 executive agreements vs 1300 treaties

United States v Pink 1942

Rules that executive agreements have the same legal validity as treaties- cements this power and cements the President's foreign policy position

Case-Zablocki Act 1972

Congress has to be informed of international agreements made by the President- limits executive agreements

What are signing statements?

When the President signs a law and gives a letter expressing their thoughts on a piece of legislation- they can express intentions to not implement aspects of the law

Example of a signing statement:

Obama's signing statement with the 2009 Omnibus Appropriations Act expresses intentions to not ask approval from Congress before making some spending decisions because this oversteps their powers

How many signing statements made by Obama?

41

In what way does the President have the 'power of persuasion'?

Usage of patronage (can offer cabinet positions to compliant Congresspeople), media position (can offer to support Congressional campaigns), position as chief of party

Trump v Mazars 2020

The SCOTUS limits Trump's usage of executive privilege

US v Nixon 1974

Rules that executive privilege can not be used to stop information being given to courts

What is the Executive Office of the President? (EXOP)

The EXOP are the President's closest and most important advisors, they influence policy-- White House Office, National Security Council, Office of Management and Budget

Example of President using the EXOP:

Obama appoints Susan Rice as National Security Advisor-- in 2014 she travels to Iran to correspond during nuclear talks

Limitations of Signing Statements:

They are not legally binding

Biden Executive Order Examples:

Reinstates DACA, repeals Trump's flight ban, rejoining the Paris Agreement, revering Trump's tiktok exec order, executive orders to tighten gun restrictions

Of the ____ executive actions ordered by Biden in his first 100 days in office ____ were reversing Trump-era policies

60, 24