Bulletin n. 1/2012
June 2012
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • David Gray Adler
    The Law: The Framers and Executive Prerogative: A Constitutional and Historical Rebuke
    in Presidential Studies Quarterly , Volume 42, Issue 2, June ,  2012 ,  376-389
    Continued assertions of a presidential prerogative power, broad enough, in the literary tradition of the Lockean Prerogative to permit the president in an emergency to act in the absence or violation of law, raises anew the question of the existence, source, and scope of such extraordinary authority. This article explains that the framers of the Constitution delivered a constitutional and historical rebuke to the concept of executive prerogative. As Justice Jackson observed in the Steel Seizure Case, the framers recognized that the possession of an emergency power would “tend to kindle emergencies.” Presidential violation of the Constitution is illegal, and can be made legal only through congressional passage of retroactive ratification.
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