Civics & Government · 9th Grade

Active learning ideas

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.

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

• 30–45 min
• Pairs → Whole Class
• 3 activities

Activity 01

• 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.

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.

What to look for

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.

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

Activity 02

• 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.

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.

What to look for

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.

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

Activity 03

• 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.

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.

What to look for

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.

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

A few notes on teaching this unit

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.

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.

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Watch Out for These Misconceptions

• 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.

  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.

• 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.

  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.

• 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.

  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.

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Methods used in this brief

• Concept Mapping
• Structured Academic Controversy
• Case Study Analysis