1. Informal or Implied Powers and Informal Checks on the President

2. 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

3. 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)

4. 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