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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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“Not a Single Privilege Is Annexed to His Character”

“Not a Single Privilege Is Annexed to His Character”

Chapter:
(p.203) Chapter Nine “Not a Single Privilege Is Annexed to His Character”
Source:
Imperial from the Beginning
Author(s):

Saikrishna Bangalore Prakash

Publisher:
Yale University Press
DOI:10.12987/yale/9780300194562.003.0009

This chapter enumerates the important powers that the president does not possess. The president lacks authoritative crisis power, such as suspending habeas corpus or imposing martial law, to take whatever measures deemed necessary in emergencies. Neither does the president have constitutional privileges and immunities to protect the executive branch, making it subject to judicial process. The lack of constitutional privilege also implies that the chief executive can even be prosecuted while in office. However, the U.S. Constitution permits Congress to ameliorate problems arising from the absence of executive privileges and immunities through the passing of statutes that may grant the chief executive emergency power, and presidential immunity.

Keywords:   U.S. president, crisis power, habeas corpus, martial law, U.S. Congress, presidential immunity, U.S. Constitution

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