1. Meaning versus Authority: A Defense Extra-Constitutional Prerogative.
- Author
-
Cooper, Ryan
- Subjects
EXECUTIVE power ,PUBLIC officers ,CONSTITUTIONAL law ,LEADERS ,DECISION making ,AUTHORITY ,UNITED States politics & government - Abstract
The article analyzes whether the use of executive power by public officers and leaders in the U.S., which violates both statutory and constitutional law, is justifiable or not. The author assumes that in times of emergency the executive will be required to violate both the laws. The author analyzes the question of whether the Lockean concept of prerogative ought to be understood as internal or external to the constitution of the U.S. It is stated that, executive prerogative should be viewed as external to the constitution. It is stated that, preserving a coherent understanding of the constitution's meaning is more likely to minimize the risks of prerogative than clinging to the belief that the constitution's authority can never be undermined.
- Published
- 2009