Informal or Implied Powers and Informal Checks on

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