When it comes to the executive branch of government, there are various powers that the president can exercise. One such power that has been the subject of much debate is the executive agreement. An executive agreement is a legally binding agreement between the president and the head of a foreign government, and it differs from a treaty in that it doesn`t require Senate approval. But the question remains: are executive agreements informal powers?
To answer this question, it`s important to understand the distinction between formal and informal powers. Formal powers are those powers that are specifically granted to the president by law or the Constitution. Examples of formal powers include the power to veto legislation, the power to appoint federal judges and other officials, and the power to grant pardons. Informal powers, on the other hand, are those powers that aren`t specifically granted to the president but are nonetheless exercised by the president based on tradition and precedent.
So where do executive agreements fall on this spectrum? Some argue that executive agreements are informal powers because they aren`t specifically granted to the president by the Constitution. Instead, they argue, executive agreements are based on the president`s authority as the head of the executive branch and his role as the nation`s chief diplomat.
Others, however, argue that executive agreements are formal powers because they are recognized by the Supreme Court as a legitimate exercise of presidential power. In fact, the Court has upheld the constitutionality of executive agreements in several cases, including United States v. Belmont (1937) and United States v. Pink (1942).
So, to answer the question posed at the beginning of this article, the answer is that it depends on who you ask. Some scholars and legal experts view executive agreements as informal powers, while others view them as formal powers. Regardless of which side of the debate you fall on, it`s clear that executive agreements are an important tool in the president`s foreign policy toolbox, allowing him to negotiate agreements with other nations without the need for Senate approval.
In conclusion, the question of whether executive agreements are informal powers is a complex one. While some view them as informal powers based on the president`s role as chief diplomat, others view them as formal powers based on Supreme Court precedent. Regardless of how they`re classified, executive agreements are an important tool in the president`s foreign policy arsenal, and their use will undoubtedly continue to be a subject of debate and scrutiny.