The Law: A Constitutionalist's Defense of Prerogative: Taft's Our Chief Magistrate and His Powers

Abstract

Traditional discussions of presidential prerogative power have grouped scholars into “Jeffersonian” and “Hamiltonian” camps, both of which seek to justify the broad‐ranging use of executive power in an emergency while also admitting that the prerogative power is technically illegal or extralegal. This article explores William Howard Taft's Our Chief Magistrate and His Powers, which lays out a theory of Article II that permits the president to employ expansive executive means to attain limited constitutional ends. By both legalizing and limiting the president's use of prerogative, Taft's understanding of the Constitution and prerogative may contribute to the scholarly debate on executive power.