The Federalist and Executive Power

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Occasionally, the United States is confronted with the dilemma that, in emergencies, presidents may find it necessary to take actions that ignore constitutional restraints and break the law. In such cases, a strict adherence to the law might constrain the president from acting quickly to protect national security. Some have argued that the president has the constitutional authority to take whatever actions are deemed to be necessary, regardless of the law, and that this authority is available indefinitely as long as it is exercised under the commander in chief authority conferred in Article II. After reviewing the arguments in The Federalist, this paper argues that in crises presidents may legitimately take extraordinary actions outside their constitutional authority, but their actions are legitimate only insofar as they are transparent and presidents seek congressional sanction as soon as the immediate emergency has passed.