Formal powers (constitution powers)
powers explicitly granted to the president by Article 2, section 2 & 3 of the constitution
Commander in chief power (formal)
the power to control the military
Given to the president because war requires quick and decisive action
The president can act more quicly than congress (535 people)
Congressional checks:
Power of the purse
Only congress can declare war
The treaty power (formal)
the power to make treaties or agreements with other nations
Purposes include: to end war
To create military alliances
To set up trade relations
The appointment power* (formal)
to appoint people to various government positions
These appointments include: US ambassadors to foreign nations, members of the huge federal bureaucracy all federal judges Supreme Court justices
Congressional check: senate must confirm the most important appointments- the senates “advise and consent” power
The veto power (formal)
a check on the legislative branch
Ways for the pres. to pass a bill (make it law): sign it and do nothing for 10 days while Congress is in session
Ways to reject a bill: veto, pocket veto
Congressional check: congress can override a veto by a ⅔ vote of both houses, pocket vetos cant be overridden
The pardoning power (formal)
the canceling of legal punishment for federal crimes
The state of the union address (formal)
presidents give their ‘state of the union’ speech every January
The speech is a way pres. use the media to influence public views about what is important
Informal powers
pres. powers that aren’t listed in the Constitution but are implied by other laws
These powers are acquired by finding a phrase in the constitution that claims they have powers, they see if they can get away with it and if they can, they continue to use it. Future presidents can use them as well.
The check on all these powers is the Supreme Court, they declare the law to be unconstitutional
Executive orders (informal)
orders by the president that have the force of law
Presidents use executive orders when they feel congress is not passing legislation that they feels is important
Executive agreements (informal)
International agreements with other nations
Controversy: treaties are supposed to be approved by ⅔ of the Senate but they bypass the agreement - what about checks and balances
Executive privilege (informal)
the “right” of executive office officials to withhold information from Congress & courts
Justifications: some info is top secret and must be protected, people will not give completely honest info if they fear what they say might become public
Controversy: makes it difficult for Congress’ job of oversight, may be used to hide illegal behavior
Signing statements (informal)
reports written by the president when he signs a bill into law
Tradiontal use: to inform congress & public how he understands the law
Recent use: to tell the bureaucracy not to execute parts of the law because the president feels parts of the law are unconstitutional
May issue signing statements when they want to veto but fear congress will override it - what about separation of powers?
The power of bargaining & persuasion (informal)
attempts by the president to convince congress to support his agenda
Many forms such as: personal phone calls, promise of public support when a member runs for reelection, a personal visit to show how the agenda will help the member
The bully pulpit (informal)
the president speaking convincingly to the public (means wonderful stage)
When the president speaks, media and the public will listen
Instead of waiting for the State of union speech in Jan, making things faster