The problematic but seductive call of prerogative power

The problematic but seductive call of prerogative power

This article investigates and critiques the view that Lockean prerogative power is or should be incorporated, legally or extralegally, into the American constitutional system. Some scholars argue that extraconstitutional prerogative represents a safer alternative to a broad legal reading of presiden...

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Bibliographic Details
Published in:Presidential studies quarterly Vol. 54; no. 3; pp. 332 - 349
Main Author: Verbois, Caleb
Format: Journal Article
Language:English
Published: Washington Center for the Study of the Presidency 01-09-2024
Subjects:
Constitution
executive
Jefferson
Locke
Political power
Power
Precedents
prerogative power
Presidential powers
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Summary:This article investigates and critiques the view that Lockean prerogative power is or should be incorporated, legally or extralegally, into the American constitutional system. Some scholars argue that extraconstitutional prerogative represents a safer alternative to a broad legal reading of presidential power, as it creates fewer precedents. Others suggest that the Framers “constitutionalized prerogative.” Both of these views have difficulties because ultimately, prerogative can create more dangerous precedents than legal uses of presidential power.
ISSN:0360-4918
1741-5705
DOI:10.1111/psq.12883