Beyond the formal powers, Presidents use tools the Constitution does not name. Scholars call them informal powers. They rest on the President's position, on laws Congress has passed, and on custom.
| Tool | What it is | Limit |
|---|---|---|
| Executive order | a directive to the executive branch, with the force of law when it rests on the Constitution or a statute | courts can strike it down; Congress can override it by law; a later President can revoke it |
| Executive agreement | an agreement with another country made without the Senate's two-thirds vote | cannot override a federal law; may be undone by a later President |
| Signing statement | a written comment when signing a bill, saying how the President reads or will carry it out | courts and Congress are not bound by it |
| Executive privilege | keeping some internal advice confidential | qualified: it gave way to a criminal trial in United States v. Nixon (1974) |
| The "bully pulpit" | using the office's visibility to persuade the public (Theodore Roosevelt's phrase; "bully" meant excellent) | persuasion, not command |
| Party leader | leading a party, campaigning, setting its agenda | depends on the party's support in Congress |
Why it works
Executive orders go back to Washington and have been numbered since 1907. Some changed history: Executive Order 9981 (1948) ended segregation in the armed forces. But an order is only as strong as the authority behind it. In Youngstown Sheet & Tube Co. v. Sawyer (1952), President Truman ordered the steel mills seized during the Korean War to prevent a strike; the Court held 6–3 that the order was lawmaking, which belongs to Congress. Justice Jackson's concurrence described three zones: a President acting with Congress's authorization is at his strongest; acting where Congress is silent, in a "zone of twilight"; acting against Congress's will, at his "lowest ebb." Scholars and Presidents of both parties have long debated how far these tools should reach; the debate is part of the system of checks.
Key idea
Presidents also use powers not listed in the Constitution: executive orders, executive agreements, signing statements, executive privilege, the bully pulpit and party leadership. Each depends on authority from the Constitution or a statute, and each can be checked.
Worked example: Order or law?
A President issues an executive order. The next President revokes it on her first day. Is that allowed?
- An executive order directs the executive branch; it is not a statute.
- A President may revoke or change a predecessor's orders. A statute, by contrast, can be changed only by Congress.
Answer: Yes.
Worked example: Applying Jackson's zones
Congress has passed a law forbidding a certain action; the President orders it anyway. Which zone, and how strong is his position?
- He acts against the expressed will of Congress.
- That is Jackson's third zone, where presidential power is "at its lowest ebb."
Answer: Zone three: the weakest position.
Common mistake
Thinking an executive order can do anything a law can. It directs the executive branch under authority from the Constitution or a statute; courts can strike it down (Youngstown), Congress can change the underlying law, and a later President can revoke it. Check: ask what authority the order rests on.