3.2 - Informal Powers

Informal Powers

Informal Powers def

powers that do not appear within the written text of the Constitution

Executive Orders

A directive issued to officers of the executive branch requiring them to stop taking an action, alter policy, change management practices, or accept a delegation of authority

limitations of exec orders

Can be overridden by congressional law

Can be considered unconstitutional by the SC and hence revoked

Can be revoked by future presidents

Examples of Presidents overriding exec orders

Reagan’s order to ban federally funded clinics from discussing abortion options - revoked by clinton/bush/obama

Example of Exec Order

Biden’s 2022 exec order to cancel $10000 of student debt for low to middle income borrowers (currently blocked by a federal judge)

Signing Statements

Exploitation of the SS has been said to “undermine the rule of law and our constitutional separation of powers”

Equivalent to a line item veto - gave President power to block parts of a bill granted by Congress in 1966, declared unconstitutional by the SC in 1998

Example of exploiting SS

George Bush made 1100 objections to the laws he signed - more than his predecessors put together

Executive Privilege

The right refer to the right of President and exec branch to withhold information from Congress, the courts and the public (not constitutional but recognised as implied by the SC)

US v Nixon (exec privilege)

The case established that the President has a legal duty to provide evidence of communications when the information is relevant to a criminal case.

Example of limit on exec privilege

2022 - federal judge on Sunday granted former US President Donald Trump’s request for a “special master“ to review documents seized from Mar-a-Lago, including to determine if some my be protected by EP

Presidential Memoranda

A type of Presidential directive issued to manage and govern the actions, practices and the policies of the executive branch

Presidential Proclamations

States a condition, declares law and requires obedience, or recognises an event (also pardons) binding on the public

National Security Directives

Formal and classified declaration to the National Security Council, requiring follow up.

Impoundment

The President refuses to spend funds appropriated by Congress. He can only defer spending if:

A special contingency

To achieve savings through more efficient operations

Only propose to permanently rescind funds, but Congress must approve within 45 days

Power to Persuade

the informal power of the President to use the prestige of their job to get people to do as they wish

Methods of persuasion

Using others - the Vice President/ The office for Legislative Affairs/ Cabinet

Speaking directly to the public: “the bully pulpit”

Using perks: Personal engagement with Congresspersons

Supporting Congressional campaigns

Using party leadership in Congress

Electoral Mandate

Most Presidents achieve their most important goals in the first 2 years of office while their mandate is fresh (success rates typically fall as a term progresses - move further from OG mandate)