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date: 14 April 2021

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

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