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Constitutionalism and Presidential Prerogative: Jeffersonian and Hamiltonian Perspectives
Scholars, the courts, and the public have been ambivalent about prerogative, the power of presidents to take extraordinary actions without explicit legal authorization in emergencies, because itExpand
Outside the Law: Emergency and Executive Power
The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on theExpand
Interpretation in Political Theory
James Madison and the Emergency Powers of the Legislature
Prerogative, the power to take extra-legal measures in extraordinary circumstances, is generally considered to be the exclusive domain of the executive. This article shows that James Madison, who isExpand
Reason and Experience in Alexander Hamilton’s Science of Politics
Alexander Hamilton is often described as an enterprising modernist who promoted forward-looking reforms that broke with established institutions and ideas. However, the scale and apparent novelty ofExpand
Extra-legal power and legitimacy : perspectives on prerogative
Chapter One: Introduction: Extra-Legal Measures and the Problem of Legitimacy (Clement Fatovic and Benjamin Kleinerman) Part I: Early Frameworks Chapter Two: Prerogative Power in Rome (Nomi ClaireExpand