Informal or Implied Powers and Informal Checks on the President

Informal Powers Executive Orders Examples Issued by the President that carry the force of law Direct federal agencies and officials Do not require Congressional approval but the Supreme Court can check Examples FDR’s Japanese-American internment camps WWII “Don’t Ask Don’t Tell” Truman integrating the military G.W. Bush trying suspected terrorist in military tribunals Lincoln’s Emancipation Proclamation

Informal Powers Executive Agreements Examples International Agreements made by a president Have force of treaty Usually trade agreements Used when swift action is needed usually gets some approval (joint resolution) Examples John Tyler’s annexation of Texas Jefferson’s purchase of Louisiana G.H.W. Bush’s trade agreement with Japan (auto industry)

Informal Powers Executive Privilege Examples Presidents’ claims that it is their discretion to decide to withhold certain information from the general public Includes withholding information from courts and Congress Justification is that it better serves national interest Examples Nixon’s refusal to turn over Watergate tapes. Nixon claimed Exec Priv, the Supreme Court ruled against Nixon Clinton’s refusal to turn over evidence in the Monica Lewinsky scandal. Supreme Court ruled against Clinton