Transcript Informal or Implied Powers and Informal Checks on the

Informal or Implied Powers
and
Informal Checks on the President
Informal Powers
• Executive Orders
– 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
– 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
– 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