Jump to ContentJump to Main Navigation
Overcoming Necessity – Emergency, Constraint, and the Meanings of American Constitutionalism - Yale Scholarship Online
Users without a subscription are not able to see the full content.

Overcoming Necessity: Emergency, Constraint, and the Meanings of American Constitutionalism

Thomas P. Crocker

Abstract

Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution of the United States, however, was designed to function under “states of exception,” most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. This book urges the United States Congress, the courts, and other bodies to put those checks into practice. The book analyzes the constitutional norms that fail to guide and constrain the choice of action through an ana ... More

Keywords: emergencies, extralegal action, emergency, presidential powers, U.S. Constitution, separation of powers, emergency action

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780300181616
Published to Yale Scholarship Online: January 2021 DOI:10.12987/yale/9780300181616.001.0001

Authors

Affiliations are at time of print publication.

Thomas P. Crocker, author
University of South Carolina