Sources of Presidential Power (AQA A-Level Politics): Revision Notes
Sources of Presidential Power
The President of the United States holds both formal powers (constitutional and legal) and informal powers (political and circumstantial). Understanding these different types of power and how presidents have wielded them is essential for analysing the scope and limits of presidential authority.
What are formal and informal powers?
Formal powers are constitutional or legal powers granted to the president through the Constitution or delegated by Congress. These powers remain constant regardless of who holds the office. They form the legal basis for presidential action and define the president's official role as head of the executive branch of government.
In contrast, informal powers are political in nature rather than constitutional. These powers fluctuate depending on individual circumstances, such as the president's public approval ratings, their relationship with their political party, and their standing in the international community. An unpopular president will struggle to persuade Congress to support their agenda, reducing their effective power, whilst a president enjoying high approval ratings can leverage their popularity to advance their policy goals.
The president's formal powers are fixed by law and the Constitution, but their informal powers are highly variable and depend on political context. This distinction is crucial for understanding why different presidents with the same constitutional powers can have vastly different levels of effectiveness.
The three types of formal powers
Formal presidential powers can be categorised into three distinct types, each with a different constitutional basis:
Enumerated powers
Enumerated powers are those explicitly written into Article II of the Constitution or formally delegated to the president by acts of Congress. These powers are clearly stated and include specific responsibilities such as commanding the armed forces, making treaties (with Senate approval), and appointing federal judges and cabinet members. Because these powers are explicitly listed, there is generally less dispute about whether the president possesses them.
Implied powers
Implied powers are not explicitly stated in the Constitution but are reasonably inferred from the text. These powers are suggested by the Constitution's language rather than directly enumerated. For instance, whilst the Constitution grants the president the role of commander-in-chief, it implies certain military decision-making powers that flow from this role. Implied powers have been used by presidents to expand their authority beyond the literal text of the Constitution, though this expansion is often contested.
Inherent powers
Inherent powers are perhaps the most controversial category. These are powers not mentioned anywhere in the Constitution but which presidents claim are necessary to fulfil their constitutional role as chief executive. Unlike implied powers, inherent powers are not linked to any specific constitutional provision; rather, they are said to be inherent to the overall office of the presidency itself. Presidents have invoked inherent powers during times of national crisis, though these claims are often challenged by Congress and the courts.
Distinguishing Between Formal Powers
You should be able to distinguish clearly between these three types of formal powers:
- Enumerated powers are explicit and written in the Constitution
- Implied powers are suggested by constitutional language
- Inherent powers are claimed as necessary to the presidential role even without constitutional mention
Understanding these distinctions is essential for exam success and for analysing presidential actions.
How presidents have used these powers
Different presidents throughout American history have interpreted and exercised these powers in varying ways, sometimes dramatically expanding presidential authority in the process.
Franklin D. Roosevelt and the modern presidency
Franklin D. Roosevelt (FDR), who took office in 1933 during the Great Depression, is often credited with creating the modern presidency by vastly expanding presidential power. Whilst Article II, Section III of the Constitution grants the president the power to propose legislation to Congress, early presidents rarely exercised this power—George Washington proposed only three laws during his entire presidency.
Roosevelt transformed this practice. During his famous "first 100 days" in office, he proposed an extensive series of laws aimed at combating unemployment and economic collapse. This aggressive legislative agenda established the modern expectation that presidents should actively propose and promote legislation rather than simply implement laws passed by Congress.
Worked Example: Roosevelt's Use of Implied Emergency Powers
Following the Japanese attack on Pearl Harbor in 1941, which brought the United States into the Second World War, Roosevelt issued Executive Order 9066 in 1942. This controversial order:
Action taken:
- Suspended the civil liberties of approximately 120,000 Japanese-Americans
- Forced them into internment camps for the war's duration
Constitutional justification:
- Roosevelt claimed this was an implied emergency power necessary for national security
- He argued it flowed from his role as commander-in-chief
Outcome and consequences:
- The Supreme Court overruled the policy in 1945
- Congress formally apologised in 1988 and provided financial reparations (compensation)
Significance: This case demonstrates both the potential scope of implied powers and the dangers of presidential overreach. It shows that even during wartime, presidential power is not unlimited.
George W. Bush and the War on Terror
After the 11 September 2001 terrorist attacks, President George W. Bush claimed extensive inherent powers to combat terrorism. His administration argued that the president's inherent authority as commander-in-chief gave him the power to override certain civil liberties protections and anti-torture laws in the interest of national security.
Worked Example: Bush's Controversial Use of Inherent Powers
Bush's administration implemented several controversial policies based on claimed inherent powers:
Actions taken:
- Authorised the indefinite detention of terrorist suspects without trial
- Implemented "extraordinary rendition" policy
- Transported suspects to other countries or US overseas military bases
- Used interrogation techniques that constituted torture under international law
Constitutional justification:
- Claimed these actions fell within his inherent powers as commander-in-chief
- Argued national security necessitated these measures
Response and criticism:
- Widespread criticism from civil liberties advocates, legal scholars, and international observers
- Critics argued Bush had stretched the concept of inherent powers far too broadly
- Debate about whether these actions exceeded constitutional limits
Significance: This controversy highlighted ongoing debates about the extent of presidential power, particularly during national emergencies. It demonstrates the tension between national security claims and constitutional constraints.
Analysing Presidential Power Case Studies
When discussing these case studies, analyse not just what the presidents did but also:
- The constitutional justification they used (enumerated, implied, or inherent powers)
- The controversies and opposition that resulted
- The constraints that were eventually imposed by courts, Congress, or public opinion
- The balance between presidential authority and constitutional limits
This multi-dimensional analysis demonstrates sophisticated understanding of the complexities of presidential power.
Key definitions
President: Head of the US government, head of state and commander-in-chief of the military. The US president is directly elected via the Electoral College system.
Executive: The branch of government in the USA that carries out and enforces laws. The federal government is headed by the president and consists of 15 executive departments and more than 60 independent agencies.
Formal powers: Powers given to the president by the Constitution or Congress, or those that are inherent to the president's role as chief executive of the federal government.
Informal powers: Powers that have a political, not constitutional, basis. They include the president's role as party leader, their ability to set the political agenda, and the use of direct authority by stretching their implied powers.
Enumerated powers: Powers explicitly granted to the president by Article II of the Constitution, or delegated to the president by Congress.
Implied powers: Powers that are implied by the text of the Constitution but not explicitly stated.
Inherent powers: Powers not set out in the Constitution, but claimed as necessary for the president to carry out their constitutional role as head of the executive.
Key Points to Remember:
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Formal powers are constitutional and fixed; informal powers are political and variable depending on circumstances like popularity and party support
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The three types of formal powers are: enumerated (explicitly stated), implied (suggested by the Constitution), and inherent (claimed as necessary to the presidential role)
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Franklin D. Roosevelt expanded presidential power by proposing extensive legislation and using implied emergency powers to intern Japanese-Americans during the Second World War
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George W. Bush controversially claimed broad inherent powers after 9/11 to detain terrorist suspects indefinitely and authorise extraordinary rendition
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Presidential power is not unlimited—both Roosevelt's internment policy and Bush's detention policies faced significant legal and political challenges, demonstrating the importance of checks and balances