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Inherent War and Executive Powers and Prerogative Politics
Author(s) -
PIOUS RICHARD M.
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.1741-5705.2007.02585.x
Subject(s) - constitution , prerogative , presidential system , law , separation of powers , enumerated powers , statute , political science , politics , inherent powers , constitutional law , power (physics) , law and economics , sociology , physics , quantum mechanics
Executive power in the Constitution was left ambiguous and underdefined. Commentators have questioned presidential claims of inherent executive and war powers. Have the president and his subordinates obeyed the Constitution and adhered to the letter and spirit of the law? Have legal commentators and courts properly construed constitutional clauses, especially those dealing with war powers? I start with the idea that the Constitution is a power base for government officials and that construing the Constitution is a political act. As political scientists, we can observe presidents and their counsel substitute novel interpretations of presidential prerogatives when they claim the president has inherent war powers and related diplomatic and national security powers that override statute law or bypass the constitutional prerogatives of Congress, and we can analyze the conditions under which their substitution of executive prerogative power will succeed or fail.