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Inherent Presidential Power and Constitutional Structure
Author(s) -
KINKOPF NEIL
Publication year - 2007
Publication title -
presidential studies quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.337
H-Index - 5
eISSN - 1741-5705
pISSN - 0360-4918
DOI - 10.1111/j.1741-5705.2007.02583.x
Subject(s) - presidential system , assertion , power (physics) , constitution , political science , phrase , law and economics , subject (documents) , inherent powers , law , sociology , linguistics , politics , computer science , philosophy , physics , quantum mechanics , library science , programming language
Much current debate about presidential power revolves around the phrase “inherent power.” This phrase has a loose signification, but disputes often involve the question of whether presidential power is subject to limitation by Congress. This essay identifies four different constitutional constructions that might lead to such unchecked presidential power. The essay also assesses each of these four constructions from the standpoint of the Constitution's structure, concluding in each case that the assertion of unchecked power is inconsistent with constitutional structure.