Formal and Informal Powers of the President

Active learning helps students move beyond memorizing lists of powers to understanding how formal and informal presidential powers function in real political contexts. By sorting, debating, and analyzing cases, students see how presidents navigate constitutional limits and political realities.

• 9th Grade
• Civics & Government
• 3 activities
• 30 min–45 min

Learning Objectives

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

Concept Mapping

⏱ 30 min·Pairs

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.

Prepare & details

Differentiate between the formal and informal powers of the presidency.

Facilitation Tip: For the sorting activity, provide a mix of textbook descriptions and real-world examples to push students beyond surface-level labels.

Setup: Tables with large paper, or wall space

Materials: Concept cards or sticky notes, Large paper, Markers, Example concept map

• Understand
• Analyze
• Create
• Self-Awareness
• Self-Management

Structured Academic Controversy

⏱ 45 min·Small Groups

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.

Prepare & details

Analyze how informal powers have expanded the scope of presidential authority.

Facilitation Tip: During the structured controversy, assign roles explicitly and provide a clear rubric for evidence use and rebuttal.

Setup: Pairs of desks facing each other

Materials: Position briefs (both sides), Note-taking template, Consensus statement template

• Analyze
• Evaluate
• Create
• Social Awareness
• Relationship Skills

Case Study Analysis

⏱ 40 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.

Prepare & details

Evaluate the constitutional implications of executive agreements versus treaties.

Facilitation Tip: Have students annotate the signing statement case study in small groups before sharing their findings with the class.

Setup: Groups at tables with case materials

Materials: Case study packet (3-5 pages), Analysis framework worksheet, Presentation template

• Analyze
• Evaluate
• Create
• Decision-Making
• Self-Management

Teaching This Topic

Teachers often find that students grasp formal powers quickly but underestimate informal powers until they see how frequently presidents rely on them. Avoid presenting informal powers as secondary; instead, frame them as practical tools presidents use to govern. Research shows that students retain these concepts better when they analyze conflicts between institutional roles and political needs.

What to Expect

Students will accurately distinguish formal from informal powers, explain why presidents use informal powers, and evaluate trade-offs in presidential authority. Success means applying these concepts to new scenarios and supporting arguments with evidence.

Watch Out for These Misconceptions

Common Misconception

During the Sorting Activity: Formal vs. Informal Powers, watch for students labeling all removal actions as purely formal. Redirect by asking them to examine the Humphrey's Executor and Seila Law cases provided in the materials.

What to Teach Instead

Use the case briefs in the Sorting Activity packet to clarify that removal authority varies by position. Have students categorize removal scenarios by type of official and cite the relevant legal precedent.

Common Misconception

During the Structured Academic Controversy: Executive Agreements vs. Treaties, listen for students calling executive agreements 'unofficial' or 'less important.' Redirect by having them compare the legal effects of a treaty and an executive agreement using the sample documents provided.

What to Teach Instead

Provide the sample documents and ask groups to compare the language, signatories, and legal consequences. Require them to cite how each document would be enforced domestically and internationally.

Common Misconception

During the Case Study: A Signing Statement Under Scrutiny, watch for students dismissing signing statements as insignificant. Redirect by asking them to trace how the signing statement in the case study influenced agency implementation or later litigation.

What to Teach Instead

Have students map the chain of consequences from the signing statement to agency rules to court challenges. Ask them to explain why this informal tool can have long-term policy impact despite not being a formal power.

Assessment Ideas

Quick Check

After the Sorting Activity: Formal vs. Informal Powers, present students with the three scenarios and ask them to categorize each as a formal power, executive agreement, or executive order. Collect responses to check for misconceptions before moving to the next activity.

Discussion Prompt

During the Structured Academic Controversy: Executive Agreements vs. Treaties, assess students by listening for specific examples of how executive agreements expand or constrain presidential power. Use a rubric that tracks evidence use, rebuttal quality, and constitutional reasoning.

Exit Ticket

After the Case Study: A Signing Statement Under Scrutiny, ask students to write one formal power and one informal power on an index card. Then have them explain in one sentence how the informal power could help achieve a goal a formal power alone could not.

Extensions & Scaffolding

• Challenge: Ask students to draft a presidential signing statement for a recent controversial law and justify their interpretation.
• Scaffolding: Provide a graphic organizer with sentence starters for identifying formal versus informal powers during the sorting activity.
• Deeper exploration: Have students research and compare how two different presidents used executive orders to achieve policy goals.

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.