Formal powers (constitution powers) - powers explicitly granted to the president by Article 2, section 2 & 3 of the constitution

Commander in chief power - 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

  • Congressional check: the senate must approve of all treaties by a ⅔ vote

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 which helps the president execute laws

• All federal judges who serve for life 

• Supreme court justices have a huge impact on public policy and serve for life

  • Congressional check: senate must comfirm the most important appointments- the senates “advise and consent” power

  • The appointment procedure:

  • The president nominates someone, senate comittee holds hearings while they question the nominee, approved/rejected by a simple majority

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 - 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 aswell. 

• 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 he 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