Abstract and Keywords
This chapter focuses on some of the most contentious debates in constitutional law arising from executive power, considering them within the framework of the theory of informal constitutional change. It first considers issues of methodology on how the legal power of the president should be understood from a historicist perspective. It then examines the central problem of the law of executive power, whether Congress can use its Article I powers to regulate presidential powers, by discussing relevant Supreme Court precedents. The issue of presidential war powers receives extensive treatment, including the continuing relevance of the War Powers Resolution. The chapter concludes with a discussion of the outer limits of presidential power, with particular reference to non-enforcement of the law, emergencies, and “prerogative power.”
Keywords: constitutional law, executive power, president, informal constitutional change, law, Supreme Court, presidential power, non-enforcement, emergencies, prerogative power, war powers
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
Please subscribe or login to access full text content.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.
For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.
