AP US Government & Politics: Presidency (Formal vs Informal Powers, Executive Orders, Veto)

AP US Government & Politics – Presidency (Formal vs Informal Powers, Executive Orders, Veto)

AP US Government & Politics: The Presidency (Formal vs. Informal Powers, Executive Orders, Veto)

Study Guide

What This Is

The presidency is one of the most powerful institutions in U.S. government, but its authority comes from two distinct sources: formal powers (written in the Constitution) and informal powers (not explicitly stated but developed over time). Understanding these powers—and how presidents use tools like executive orders and vetoes—is crucial for the AP exam. For example, Franklin D. Roosevelt’s New Deal expanded presidential power through executive orders (like creating the Works Progress Administration), while Andrew Jackson’s frequent vetoes (e.g., killing the Second Bank of the U.S.) set a precedent for aggressive presidential action. The exam tests how well you can compare formal vs. informal powers, analyze presidential actions, and predict constitutional checks on executive authority.

Key Terms & Concepts

• Formal (Enumerated) Powers: Powers explicitly granted to the president in Article II of the Constitution. Examples:
• Commander-in-Chief (military control)
• Veto power (rejecting bills from Congress)
• Appointment power (nominating judges, cabinet members)
• Treaty-making power (with Senate approval)

• Pardoning power (forgiving federal crimes)

• Informal (Inherent) Powers: Powers not written in the Constitution but claimed by presidents over time. Examples:

• Executive orders (directives to federal agencies with the force of law)
• Executive agreements (international deals without Senate approval)
• Bully pulpit (using the presidency to shape public opinion)
• Signing statements (presidential comments on how a law should be enforced)

• Emergency powers (actions taken during crises, e.g., Lincoln suspending habeas corpus during the Civil War)

• Veto: The president’s power to reject a bill passed by Congress. Overriding a veto requires a 2/3 majority in both the House and Senate.

• Pocket veto: If Congress adjourns within 10 days of sending a bill to the president, and the president takes no action, the bill dies automatically.

• Line-item veto: The power to veto specific parts of a bill (unconstitutional for presidents after Clinton v. New York, 1998).

• Executive Order: A directive from the president to federal agencies on how to enforce laws. Has the force of law but can be overturned by Congress (via new legislation) or courts (if unconstitutional).

• Example: Truman’s Executive Order 9981 (1948) desegregated the military.

• Example: Trump’s travel ban (EO 13769) restricted entry from certain countries (later modified by courts).

• Executive Privilege: The president’s right to keep conversations with advisors confidential (limited by U.S. v. Nixon, 1974, which forced Nixon to turn over Watergate tapes).

• War Powers Resolution (1973): A law requiring the president to notify Congress within 48 hours of deploying troops and withdraw them after 60 days unless Congress approves. Presidents often ignore this (e.g., Obama in Libya, 2011).

• 22nd Amendment (1951): Limits presidents to two terms (or 10 years if they assume office mid-term).

• 25th Amendment (1967): Establishes presidential succession (VP → Speaker of the House → etc.) and allows the VP and Cabinet to declare a president unfit for office.

Step-by-Step: Analyzing Presidential Powers on the AP Exam

1. Identify the Type of Power

• Is it formal or informal?
• Formal = written in the Constitution (e.g., veto, commander-in-chief).
• Informal = not in the Constitution (e.g., executive orders, bully pulpit).
• Example: If a president issues an executive order, it’s informal (not in Article II).

2. Check for Constitutional Limits

• Does the power violate separation of powers?
• Example: A president cannot declare war (Congress’s power under Article I).
• Example: A president cannot unilaterally raise taxes (Congress’s power).
• Does it require congressional approval?
• Treaties need Senate ratification (2/3 vote).
• Appointments need Senate confirmation (majority vote).

3. Consider Checks and Balances

• How can Congress or the courts limit the president?
• Congress: Override vetoes (2/3 vote), impeach, defund programs, pass new laws.
• Courts: Declare actions unconstitutional (e.g., Youngstown Sheet & Tube v. Sawyer, 1952, struck down Truman’s steel mill seizure).
• Public opinion: Presidents rely on approval ratings (e.g., Bush’s low ratings after Iraq War weakened his influence).

4. Apply Historical Examples

• For formal powers: Think of Washington’s neutrality proclamation (1793) (treaty power) or Obama’s veto of the Keystone XL pipeline (2015).
• For informal powers: Think of FDR’s New Deal executive orders or Reagan’s use of the bully pulpit to push tax cuts.

5. Predict Outcomes

• Will Congress act? (e.g., override a veto, pass a new law)
• Will the courts intervene? (e.g., strike down an executive order)
• Will public opinion shift? (e.g., backlash against a controversial action)

Common Mistakes

Mistake 1: Confusing formal and informal powers

• What students get wrong: Thinking executive orders are formal powers (they’re not—they’re informal).
• Correction: Formal powers are only those in Article II. Informal powers are developed over time (e.g., executive orders, signing statements).

Mistake 2: Forgetting that vetoes can be overridden

• What students get wrong: Assuming a president’s veto is final.
• Correction: Congress can override a veto with a 2/3 vote in both chambers. Example: Congress overrode Obama’s 9/11 victims bill veto (2016).

Mistake 3: Ignoring the War Powers Resolution

• What students get wrong: Thinking presidents can declare war (they can’t—only Congress can).
• Correction: Presidents can deploy troops (as commander-in-chief) but must notify Congress within 48 hours and withdraw after 60 days unless approved.

Mistake 4: Overlooking judicial checks on executive orders

• What students get wrong: Assuming executive orders are always legal.
• Correction: Courts can strike down executive orders if they exceed presidential authority. Example: Trump’s travel ban (EO 13769) was partially blocked by courts before being modified.

Mistake 5: Misunderstanding the line-item veto

• What students get wrong: Thinking presidents can use a line-item veto (they can’t).
• Correction: The line-item veto was ruled unconstitutional in Clinton v. New York (1998). Only some state governors have this power.

AP Exam Insights

1. FRQs Often Ask About Checks on Presidential Power

• Common prompt: “Describe two ways Congress can check the president’s power and explain how each limits presidential authority.”
• What to include:
• Legislative checks: Override vetoes, impeachment, confirm appointments, control funding.
• Judicial checks: Declare actions unconstitutional (e.g., Youngstown case).
• Public opinion: Low approval ratings weaken presidential influence.

2. Multiple-Choice Traps: Formal vs. Informal Powers

• Tricky question: “Which of the following is a formal power of the president?”
• Wrong answers: Executive orders, executive agreements, bully pulpit (these are informal).
• Correct answer: Veto power, commander-in-chief, pardoning power.

3. Veto Overrides Are Rare but Tested

• Stat to remember: Only about 7% of vetoes have been overridden in U.S. history.
• Example: Congress overrode Obama’s 9/11 victims bill veto (2016)—know this case!

4. Executive Orders vs. Laws

• Key distinction: Executive orders cannot create new laws—they only direct how existing laws are enforced.
• Example: Truman’s desegregation of the military (EO 9981) was based on existing laws, not new legislation.

Quick Check Questions

1. Multiple Choice

Which of the following is an informal power of the president? A) Vetoing legislation B) Issuing executive orders C) Appointing Supreme Court justices D) Negotiating treaties

✅ Correct Answer: B
Explanation: Executive orders are not in the Constitution (informal), while vetoes, appointments, and treaties are formal powers (Article II).

2. Short FRQ (1–2 sentences)

President Biden issues an executive order requiring federal contractors to pay a $15 minimum wage. Identify one way Congress could respond to this executive order and explain how it would limit the president’s power.

✅ Sample Answer:
Congress could pass a law overturning the executive order, which would block its enforcement because laws take precedence over executive orders. Alternatively, Congress could defund the program implementing the order, limiting the president’s ability to carry it out.

3. Multiple Choice

The War Powers Resolution (1973) was designed to: A) Give the president unlimited war-making authority B) Require congressional approval for all military deployments C) Limit the president’s ability to deploy troops without congressional approval D) Allow the president to declare war without Senate approval

✅ Correct Answer: C
Explanation: The War Powers Resolution requires the president to notify Congress within 48 hours of deploying troops and withdraw them after 60 days unless Congress approves.

Last-Minute Cram Sheet

1. Formal powers = Article II (veto, commander-in-chief, appointments, treaties).
2. Informal powers = not in Constitution (executive orders, bully pulpit, signing statements).
3. Veto override = 2/3 vote in both House & Senate (rare—only ~7% success rate).
4. Pocket veto = bill dies if Congress adjourns within 10 days of sending it to the president.
5. Executive orders ≠ laws (can’t create new laws, only enforce existing ones).
6. Line-item veto = unconstitutional for presidents (Clinton v. New York, 1998).
7. War Powers Resolution (1973): President must notify Congress within 48 hours of troop deployment and withdraw after 60 days without approval.
8. Judicial check: Courts can strike down executive orders (Youngstown, Trump travel ban).
9. Congressional checks: Override vetoes, impeach, confirm appointments, control funding.
10. ⚠️ Don’t confuse executive agreements (informal) with treaties (formal, need Senate approval).