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Imperial from the BeginningThe Constitution of the Original Executive$
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Saikrishna Bangalore Prakash

Print publication date: 2015

Print ISBN-13: 9780300194562

Published to Yale Scholarship Online: September 2015

DOI: 10.12987/yale/9780300194562.001.0001

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The Executive Power as the “Active Principle in All Governments”

The Executive Power as the “Active Principle in All Governments”

(p.63) Chapter Four The Executive Power as the “Active Principle in All Governments”
Imperial from the Beginning

Saikrishna Bangalore Prakash

Yale University Press

This chapter discusses The Executive Power Clause under Article II of the U.S. Constitution, which grants the president the executive power in running the state. Scholars criticize the clause, arguing that the grant of executive power is a nullity—it either grants the president those powers awarded elsewhere in Article II, or it does nothing more than signify that there shall be a single executive called the president. Other scholars worry that the Executive Power Clause might grant the president all powers regarded as executive and thereby give way to abusive control over life, liberty, and property. The chapter concludes that The Executive Power Clause is not a grant of absolute authority since the Constitution tempers these powers by giving the Congress control over the military and over many crucial areas of foreign affairs.

Keywords:   The Executive Power Clause, U.S. Constitution, Article II, executive power, Congress, military, foreign affairs

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