Expressed, Implied, and Informal Powers of the President

Expressed Powers

• Delegated powers of the National Government that are spelled out, expressly, in the Constitution

• AKA "enumerated powers“

• Formal power

Implied Powers

• Delegated powers of National Government that are suggested by the expressed powers set out in the Constitution

• Formal power

Informal Powers

• Not listed in Article II of the Constitution but are necessary for a president to execute their duties and influence policy

Commander-in-Chief of armed forces

• Can direct military operations

• Expressed power

Executive Orders

• Issued to enforce the Constitution, treaties, legislative statues, or they may establish or modify rules and practices of executive administrative agencies

• The only restriction on executive orders is that

  they must be published in the Federal Register, a

  daily publication of the US government

• Ex. Executive Order 9066: gave the military authority to exclude citizens of Japanese ancestry from areas that were deemed critical to national defense and potentially vulnerable to espionage

• Informal power

Bully Pulpit/Agenda Setting/Persuader in Chief

• Informal power

Legislator in Chief

• Informal and implied power

Executive Privilege

• President will cite executive privilege (confidentiality) to

  prevent the release of documents or the testimony of

  his advisors to Congress (separation of powers)

• Based on national security (commander-in-chief power)

• US v. Nixon

• Implied power

Negotiate and Sign Treaties (with Senate ratification)

• Expressed power

Executive Agreements with foreign nations

• Without Senate ratification, though more limited than treaties

• Informal power

Nominate/Appoint Ambassadors

• Expressed power

Recognize foreign governments

• Expressed power

Recommend/propose legislation

• Implied power

Give the State of the Union Address

• Expressed power

Call for special sessions of Congress

• Expressed power

Adjourn Congress

• Expressed power

Veto

• Congress can override with a 2/3 majority

• Expressed power

“Faithfully execute the law” - Take Care Clause

• Expressed power

Nominate Bureaucracy/Cabinet Officials

• Expressed power

Recess appointments

• Expressed power

Grant reprieves/pardons

• Expressed power

Nominate federal judges

• Expressed power

Impoundment of Funds

• Presidential refusal to spend funds appropriated by Congress

• Budget Reform Act of 1974 - requires, among other things, that the president spend all appropriated funds

  • Presidents don’t have the power of the purse

• Implied power

Administrator in Chief

• Expressed and implied power

Ability to persuade Congress through negotiation and compromise

• Informal power

Ability to mobilize political party support

• Informal power

Establishing presidential policies through memoranda and directives

• Informal power