Informal presidential powers are powers not explicitly listed in Article II that presidents claim and justify to do the job, including executive orders, executive agreements, executive privilege, signing statements, and the bully pulpit. In AP Gov, they explain how presidential power has expanded over time (Topic 2.6).
Informal presidential powers are the tools presidents use that you won't find spelled out in Article II of the Constitution. Presidents argue these powers are implied by the vesting clause ("the executive power shall be vested in a President") or simply necessary to run the country. The big ones to know are executive orders (directives to the bureaucracy with the force of law), executive agreements (deals with foreign nations that skip Senate ratification), executive privilege (withholding information from Congress and the courts), signing statements (a president's interpretation of a law while signing it), and the bully pulpit (using the presidency's visibility to pressure Congress and shape public opinion).
The CED frames this as a debate, not just a list. Federalist No. 70 argued a single, energetic executive is "essential to the protection of the country against foreign attacks" and "the steady administration of the laws." Presidents lean on that logic to justify expansive informal power. The pushback is real too. The Twenty-Second Amendment, which capped presidents at two terms after FDR won four, shows the country worried that presidential power was growing too much. That tension between a limited and an expansive presidency is exactly what Topic 2.6 asks you to explain.
This term sits at the heart of Topic 2.6 (Expansion of Presidential Power) in Unit 2: Interactions Among Branches of Government. Learning objective AP Gov 2.6.A asks you to explain how presidents have interpreted and justified their use of formal AND informal powers, so you can't just name an executive order. You have to explain why a president claims the authority to issue one. Informal powers also explain a huge pattern in Unit 2: Congress moves slowly because it's a plural body with checks at every step, so presidents reach for unilateral tools instead. That's the modern presidency in one sentence. Federalist No. 70 is one of the nine required foundational documents, which means this debate connects directly to material the exam can quote at you.
Keep studying AP® Gov Unit 2
Formal Presidential Powers (Unit 2)
Formal powers are written in Article II, like the veto, commander-in-chief role, and treaty-making. Informal powers fill the gaps. A useful mental model is that informal powers are usually workarounds for formal powers that require Congress: an executive agreement dodges the Senate's treaty vote, and an executive order dodges the lawmaking process.
Federalist No. 70 (Unit 2, Foundational Document)
Hamilton's argument for a single, energetic executive is the original justification presidents cite for stretching their power. When an FRQ hands you Federalist 70, the expansive use of informal powers is the modern payoff of Hamilton's logic.
Executive Orders and Executive Agreements (Unit 2)
These are the two informal powers the exam tests most. Both let a president act alone, but both are fragile. The next president can revoke an executive order with a signature, and an executive agreement doesn't bind future administrations the way a ratified treaty does.
Checks and Balances on the Presidency (Unit 2)
Informal powers don't escape the separation of powers. Congress can pass laws overriding executive orders or cut funding, and courts can strike down presidential actions. The Twenty-Second Amendment is the constitutional version of this pushback, written directly into the document after FDR's four terms.
Topic 2.6 shows up in multiple-choice questions that give you a presidential action and ask you to classify it (formal vs. informal) or identify how another branch could check it. No released FRQ has used the phrase "informal presidential powers" verbatim, but the concept is prime material for the Concept Application FRQ (a scenario where a president issues an executive order or agreement, then a question about congressional or judicial responses) and the Argument Essay, where Federalist No. 70 is a required document you can deploy to argue about the proper scope of executive power. The skill being tested is justification, not memorization. Be ready to explain WHY a president would choose an informal tool, usually to bypass a slow or hostile Congress, and what the limits on that tool are.
Formal powers are explicitly granted in Article II of the Constitution, like vetoing bills, commanding the military, making treaties (with Senate approval), and appointing officials. Informal powers are claimed and justified rather than listed, like executive orders, executive agreements, executive privilege, signing statements, and the bully pulpit. Quick test for the MCQ section: if you can point to the clause in Article II, it's formal. If the president is acting unilaterally where the Constitution is silent, it's informal.
Informal presidential powers are not written in Article II; presidents justify them as implied by the vesting clause or necessary for effective leadership.
The main informal powers to know are executive orders, executive agreements, executive privilege, signing statements, and the bully pulpit.
Most informal powers exist to bypass Congress, like executive agreements avoiding the Senate's two-thirds treaty vote.
Federalist No. 70 supplies the classic justification for an energetic executive, while the Twenty-Second Amendment shows the backlash against expanding presidential power after FDR's four terms.
Informal powers are fragile because a new president can reverse an executive order instantly and courts can strike down executive actions.
LO 2.6.A asks you to explain how presidents interpret and justify these powers, so always pair the power with the president's reasoning.
They're powers presidents exercise that aren't explicitly listed in Article II, including executive orders, executive agreements, executive privilege, signing statements, and the bully pulpit. They're the core of Topic 2.6, which covers how presidential power has expanded over time.
No. Executive orders are generally constitutional because presidents ground them in the Article II vesting clause and the duty to "take care" that laws are faithfully executed. Courts can and do strike down specific orders that exceed presidential authority, but the tool itself is legitimate.
Formal powers are written into Article II (veto, commander-in-chief, treaties, appointments), while informal powers are claimed without explicit constitutional text (executive orders, agreements, privilege, the bully pulpit). The exam loves asking you to classify a presidential action as one or the other.
No, the veto is a formal power because Article I, Section 7 explicitly gives the president the ability to reject legislation. Don't mix it up with informal tools like signing statements, where a president signs a bill but adds an interpretation of how it will be enforced.
After Franklin D. Roosevelt won four presidential terms, the Twenty-Second Amendment (ratified 1951) limited presidents to two terms. The CED cites it as evidence that the expansion of presidential power, much of it through informal means, sparked real constitutional pushback.
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