Title: The Roots and Development of Executive Prerogative in the United States
Abstract: Animated by bold claims of executive authority by the Bush Administration, scholars as well as practitioners have been compelled to revisit the notion of “prerogative” as it applies to the American presidency. From where are concepts of prerogative derived? How were they – indeed, were they – Americanized in the founding era? How has our understanding and the practice of prerogative evolved over time? And what is – or should be – the contemporary understanding and application of executive prerogative in an age of terrorism?In this paper I examine these questions in an attempt to put into historical and political context, the idea and the practice of executive prerogative in the modern era. Members of the Bush administration claim broad prerogative powers, and they have acted on those bold claims. But does the President have such powers? And what are the limits – if there are any – of such prerogative power?I will examine the British roots of prerogative, how the Framers of the United States Constitution viewed prerogative and their attempts to deal with prerogative in writing the Constitution. I will then examine the historical uses and claims of prerogative over time. Next, I will look at the Bush administration’s claims of prerogative powers, followed by an analysis of the legitimacy of such claims on executive prerogative.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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