Civics & Government · 9th Grade · The Executive Branch and Bureaucracy · Weeks 10-18

Formal and Informal Powers of the President

Differentiating between the powers explicitly granted by the Constitution and those developed over time.

• Common Core State Standards
• C3: D2.Civ.1.9-12
• C3: D2.Civ.4.9-12

About This Topic

The Constitution explicitly grants the President specific formal powers: the veto, the appointment power (with Senate confirmation), the pardon power, the power to make treaties (with Senate ratification), the power to receive ambassadors, and command of the military. These are enumerated powers with direct textual basis in Article II. Over two centuries, presidents have also developed a substantial set of informal powers: executive agreements with foreign governments that bypass the Senate treaty process, signing statements that signal how the President intends to interpret legislation, and control over the legislative agenda through the State of the Union address.

For 9th graders, the formal vs. informal distinction is foundational to understanding how the presidency has expanded without formal constitutional amendment. Students often assume that what a President does must be authorized somewhere in the Constitution; this topic shows that much presidential power results from precedent, congressional acquiescence, and institutional evolution over time.

Active learning works well here because the expansion of informal presidential power involves real constitutional controversies with competing evidence. Students who argue about specific case studies -- whether a particular executive action was legitimate enforcement discretion or an unconstitutional rewrite of statute -- develop genuine constitutional reasoning skills that extend beyond this unit.

Key Questions

1. Differentiate between the formal and informal powers of the presidency.
2. Analyze how informal powers have expanded the scope of presidential authority.
3. Evaluate the constitutional implications of executive agreements versus treaties.

Learning Objectives

• Compare and contrast the constitutional basis for formal presidential powers with the origins of informal presidential powers.
• Analyze specific historical examples to explain how presidents have expanded their authority through executive orders or agreements.
• Evaluate the constitutional implications of a president using signing statements to modify legislation.
• Differentiate between treaties and executive agreements, assessing the Senate's role in each.

Before You Start

The Constitutional Convention and the U.S. Constitution

Why: Students need a foundational understanding of the Constitution's structure and the creation of the three branches of government.

Powers of Congress

Why: Understanding Congress's legislative powers provides a necessary contrast to the powers of the President, especially regarding lawmaking and oversight.

Key Vocabulary

Veto Power	The President's constitutional authority to reject a bill passed by Congress, preventing it from becoming law unless overridden.
Executive Agreement	An international agreement made by the executive branch of the U.S. government with foreign governments, which does not require Senate ratification.
Signing Statement	A written pronouncement made by the President upon signing a bill into law, often expressing the President's interpretation of the law or objections to specific provisions.
Executive Order	A directive issued by the President to federal agencies that manages operations of the federal government, having the force of law.

Watch Out for These Misconceptions

Common Misconception

The President can fire anyone in the executive branch at will.

What to Teach Instead

The President can remove political appointees (Cabinet members, agency heads) relatively freely, but civil service employees are protected by merit system rules established by the Civil Service Reform Act. Additionally, Supreme Court cases (Humphrey's Executor v. United States, 1935; Seila Law v. CFPB, 2020) have created complex law on whether Congress can limit presidential removal authority over certain independent agency officials.

Common Misconception

Executive agreements are informal, unofficial deals with foreign governments.

What to Teach Instead

Executive agreements are official, binding commitments recognized under international law with the same immediate legal effect as treaties for the parties involved. The difference is domestic: treaties require two-thirds Senate approval; executive agreements do not. Critics argue this allows Presidents to make significant foreign policy commitments without democratic input -- which is why the line between treaties and executive agreements remains contested.

Common Misconception

Informal powers are less important than formal constitutional powers.

What to Teach Instead

In practice, informal powers often drive more day-to-day governance than formal constitutional powers. The President's ability to set the national agenda, command media attention, negotiate legislative outcomes, and shape administrative regulations through executive orders shapes policy far more continuously than the occasional formal veto or treaty ratification.

Active Learning Ideas

Sorting Activity: Formal vs. Informal Powers

Pairs receive 16 cards describing presidential actions (signing a treaty, issuing an executive order, giving a State of the Union address, entering an executive agreement, removing a Cabinet member, and others). They sort into formal and informal categories, then bring their most difficult borderline cases to the class for discussion and resolution.

30 min·Pairs

Structured Academic Controversy: Executive Agreements vs. Treaties

Groups of four divide into pairs, each arguing one side: (1) executive agreements are a necessary flexibility tool for modern diplomacy; (2) executive agreements bypass Senate ratification and undermine constitutional checks. Pairs switch sides, then work together toward a reasoned position on what standards should govern when each instrument is appropriate.

45 min·Small Groups

Case Study Analysis: A Signing Statement Under Scrutiny

Groups receive an actual presidential signing statement (Bush-era statements on interrogation law are frequently used). Students analyze: What formal power is the President claiming? Does it have textual support in the Constitution? What did Congress intend? How did the courts respond? Groups present their analysis and compare findings.

40 min·Small Groups

Real-World Connections

• When President Biden issues executive orders on immigration policy or climate change initiatives, citizens and advocacy groups analyze whether these actions align with congressional intent or expand presidential power beyond constitutional limits.
• Foreign policy analysts and diplomats regularly engage with the distinction between treaties requiring Senate approval and executive agreements, observing how different presidents utilize each tool to negotiate international accords, such as trade deals or security pacts.

Assessment Ideas

Quick Check

Present students with three scenarios: a president vetoing a bill, a president negotiating a trade deal with Canada, and a president issuing a directive on federal agency operations. Ask students to identify which scenario primarily involves a formal power, an executive agreement, or an executive order, and to briefly explain their reasoning.

Discussion Prompt

Facilitate a class debate on the following prompt: 'Has the expansion of informal presidential powers strengthened or weakened the U.S. system of checks and balances?' Students should use specific examples of executive agreements, signing statements, or executive orders to support their arguments.

Exit Ticket

Ask students to write down one formal power of the President and one informal power. Then, have them explain in one sentence how the informal power might be used to achieve a goal that a formal power alone could not.

Frequently Asked Questions

What is the difference between a treaty and an executive agreement?

A treaty is a formal international agreement requiring Senate approval by a two-thirds vote. An executive agreement is a binding commitment with a foreign government made on the President's sole authority or under existing statutory authority -- no Senate vote required. Most international agreements the US makes are executive agreements. The constitutional line between them is contested: major, long-term commitments arguably should use the treaty process to ensure democratic accountability.

What is a presidential signing statement?

A signing statement is a written declaration issued by the President when signing a bill into law. It may express the President's interpretation of specific provisions, identify parts considered unconstitutional, or indicate how the executive branch intends to implement certain sections. Signing statements are not law, but they signal to agencies how to apply provisions and have been used to justify not enforcing specific requirements the President considers unconstitutional.

Can informal presidential powers be taken away by Congress?

Congress can pass legislation restricting specific informal practices, though the President can veto those bills. Courts can strike down specific executive actions. Future Presidents can reverse predecessors' executive orders. But the general informal powers -- agenda-setting, executive agreements, press access -- are structural features that no single law is likely to eliminate, because they are rooted in the President's constitutional position rather than any specific statutory grant.

How does active learning help students distinguish formal and informal presidential powers?

The distinction between formal and informal becomes clear when students classify specific actions and justify their reasoning rather than read a list. Sorting activities and case studies force engagement with the textual basis of formal powers and the historical basis of informal ones. When a student argues whether a specific signing statement represents legitimate interpretation or unconstitutional executive lawmaking, they are doing the constitutional analysis that makes this content meaningful beyond the exam.