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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 President as “Glorious Protector” of the Constitution

The President as “Glorious Protector” of the Constitution

(p.298) Chapter Thirteen The President as “Glorious Protector” of the Constitution
Imperial from the Beginning

Saikrishna Bangalore Prakash

Yale University Press

This chapter discusses the president's constitutional duty to “preserve, protect, and defend” the U.S. Constitution. The Presidential Oath not only forbids presidential violation of the Constitution but also imposes a duty of action. The president should strive to ensure that neither he nor his administration violates its provisions. He must defend the Constitution against the violations of others by vetoing unconstitutional congressional legislation, and declining to reinforce unconstitutional federal statutes. He must also criticize the judiciary's constitutional misconstructions, and hinder and obstruct the states' and private parties' unconstitutional designs and measures. However, the president lacks the ability to impede unconstitutional legislation since the Constitution does not grant the president all the resources that might be useful for defending it.

Keywords:   Presidential Oath, U.S. Constitution, U.S. president, federal statutes, congressional legislation

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