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.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have