Journal 1/29–

ID and describe (with examples) 4 of the Formal Powers of the

President?.

The Formal Powers of the President are specified in Article II of the Constitution.

Discuss these questions with a partner.

1. Should the president have more powers than the Constitution allows?

2. Is it OK to keep secrets from the public?

3. What situations require secrecy?

The INFORMAL Powers of the President

ABUSE OF THE CONSTITUTION?

Presidents have acquired powers over time that are NOT directly stated in the Constitution

The Informal (Implied) Powers we will discuss are:

To learn about Executive Orders, Executive Agreements and Executive Privilege….

1. Read the provided handout and fill our your “Presidential Powers: Informal or Implied Powers” worksheet – Fill out both Part I and Part II; you will later

discuss Part II with a partner.

What is an Executive Order?

Executive Orders are presidential orders that become law without congressional approval.

A history of Executive Orders• fdsafdasfdsafdsafdsa

What are some examples of Executive Orders?

Executive Order 9,066 established Japanese internment camps in the western United States in 1942.

Neutrality - WashingtonNew Deal - FDR9066 - FDRNat’l monuments/ lands - Theodore Roosevelt…Ketchup is vegetable? - ReaganOffice of Homeland Security - Bush IIWar on Drugs - Carter…Foreign assassination ban - Carter …Limiting govt.’s use of eminent domain - GW Bush

What is an Executive Agreement?

Executive Agreements are pacts that a president makes with a foreign country.

What are some examples of Executive Agreements?

What is Executive Privilege?

Executive Privilege is the president’s power to withhold information from Congress or the public.

What are some examples of Executive Privilege?

Review Time: Discuss the” Part II Questions” with your partner

• Why are informal powers more important than formal powers, particularly to modern Presidents?

• Identify several advantages and disadvantages of the use of the President’s informal powers.

• Has the use and perhaps abuse of the informal powers created an “Imperial Presidency?” Defend your answer.

Signing Statements are made at the time of signing a bill passed by Congress.

There are two key perspectives with regard to signing statements.

For• Unitary Executive Theory

Against• Separation of

Powers/Checks and Balances

History of Signing Statements

• 1789 – 1980: • Presidents Reagan, Bush (Sr.), and Clinton: • President George W. Bush:• President Obama:

While the President does have Constitutional War Powers….

Under the Constitution• President=Command-er

in Chief

• Congress=declaration of war; appropriations ($)

…He also has War Powers that are NOT mentioned in the Constitution.

1973 War Powers Resolution– Passed in reaction to

Vietnam/Cambodia– Requires Presidents to consult

with Congress whenever possible prior to using military force AND

– To withdraw forces after 60 days UNLESS

– Congress declares war or grants extension

– Presidents view this resolution as unconstitutional

Nixon and Vietnam

Why do Presidents see the War Powers Resolution as Unconstitutional?

• Legislative Veto?• Separation of Powers?

• Why it Matters: – We have never fully resolved the issue– Presidents say the WPR prevents them from

conducting foreign relations– Congress says we would be less likely to go to War

The United States Congress has not officially declared war since 1942.

Declared Undeclared

Revolution KoreaWar of 1812 VietnamSpanish American War GrenadaMexican War PanamaCivil War LiberiaWWI

SomaliaWWII

Kosovo

Afghanistan

Iraq (x2)

To Review, discuss with a partner…

• How do signing statements impact the execution of legislation?

• Summarize the clauses of the War Powers Resolution.

• Do you think the War Powers resolution is Constitutional or Unconstitutional?

In Your notes, create a T-chart. One column will be Formal Powers and the other will be Informal Powers. Place the below powers in

the appropriate column.

• Economic Planner• Veto• Commander in Chief• Executive Order• Party Leader• Chief Executive• Executive Agreement• War Powers• Fill vacancies

• Head of State• Chief Diplomat• Executive Privilege• Chief Legislator• Treaties• Appointments• Pardons• Cabinet• State of the Union• Signing statement

Formal Powers• Commander in Chief• Chief Executive• Head of State• Chief Diplomat• Chief Legislator• Treaties• Appointments• Veto• Pardons• Cabinet• Fill vacancies• State of the Union

Informal Powers• Economic Planner• Party Leader• Executive Order• Executive Agreement• Executive Privilege• War Powers• Signing statement