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Formal and Informal Powers of The President of the United States

By: Hiral Amin Reema Patel Syed Rizvi
by Hiral Amin on 17 October 2012

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Transcript of Formal and Informal Powers of The President of the United States

Executive Privileges Formal Powers Present info on the State of Union to Congress
Recommend legislation to Congress
Convene both houses of Congress on "extraordinary occasions"
Adjourn Congress if House and Senate cannot agree
Veto legislation (Congress can overrule if there is a 2/3 majority Legislative Powers Commander-in-chief
Makes treaties (with 2/3 Senate approval)
Appoints ambassadors (w/ majority of Senate approval)
Receives ambassadors of other nations National Security Powers Enforces laws
Nominate officials (with majority of Congress)
Consult w/ heads of executive departments
Fill vacancies during congressional recesses Administrative Powers Can grant pardons for federal offenses (except impeachment)
Appoints federal judges (w/ a majority of Senate) Judicial Powers Informal Powers Background Executive Agreements International "agreements" with power/authority equal to a treaty Meets with world leaders/is recognized as a world leader Does not require Senate approval Emergency Powers Powers that allow the President to obtain control in times of crises (w/o hindrance of congressional interference)
Lincoln spent large amounts of money and suspended civil liberties during the Civil War A rule or regulation issued by the president which has the same weight as the force of law
3 reasons for an order:
To enforce statutes
To enforce the Constitution or treaties
To establish or modify how executive agencies operate The framers of the Constitution were wary of executive power because they saw it as the most likely source of tyranny. As they wrote in the Constitution, the framers decided not to provide great detail about the president, giving the office only a few specific powers.
They wanted a strong executive who could deal with emergencies, particularly those involving other nations, but who would not dominate the U.S. government. The framers expected that Congress would be the focal point of the national government, and they structured the Constitution accordingly. They made the president powerful enough to check and balance Congress but not so powerful as to overrun Congress. The Framer's View of the Presidency Types of Powers Formal powers are those that are clearly outlined in the Constitution. They are often referred to as constitutional powers or enumerated powers.

Informal powers are those powers not explicitly written in the
Constitution. Similar to “necessary and proper” powers of Congress. The Formal and Informal Powers
of the President Expansion of Power Modern-day government has evolved into a president-centered government, much more evolved than the relatively limited presidency of the Framers' time.
FDR had the greatest impact on the expansion of presidential powers (New Deal policies during the Great Depression)
WWII brought about greater power for commander-in-chief.
In the modern era, the President’s informal powers may be significantly more powerful than his formal powers. Executive Orders The right of officials of the executive branch to refuse to disclose certain information to other branches or the public
Priveleges are not clearly defined and due to the Watergate scandal in 1972, the courts have set limitations on priveleges.
In 1974, Congress ruled that executive privelege cannot be invoked to hide evidence from a criminal trial against the president SYED RIZVI

REEMA PATEL hiralamin
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