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The Implied Powers Presidency: Outside but Not Against the Law
The Implied Powers Presidency: Outside but Not Against the Law
상세정보
- 자료유형
- 학위논문 서양
- 최종처리일시
- 20260202105107
- ISBN
- 9798290968810
- DDC
- 320
- 저자명
- Jones, Garrett.
- 서명/저자
- The Implied Powers Presidency: Outside but Not Against the Law
- 발행사항
- [Sl] : The University of Wisconsin - Madison, 2025
- 발행사항
- Ann Arbor : ProQuest Dissertations & Theses, 2025
- 형태사항
- 217 p
- 주기사항
- Source: Dissertations Abstracts International, Volume: 87-02, Section: A.
- 주기사항
- Advisor: Schwarze, Michelle A.
- 학위논문주기
- Thesis (Ph.D.)--The University of Wisconsin - Madison, 2025.
- 초록/해제
- 요약This dissertation reconstructs eighteenth-century understandings of executive power to provide a constitutional theory of implicit presidential powers and duties in emergencies. My project theorizes both structural and normative considerations that ought to constrain office holders that use the pretext of an emergency as an opportunity to stretch executive discretion. The core contribution of this work is in response to extra-constitutional accounts of presidential prerogative that are attributed to John Locke's understanding. In the extra-constitutional understanding, the executive may act both outside and against the law in emergencies. Problematically, these accounts depend on office holders possessing the requisite character and virtue to exercise self-restraint. I argue existing frameworks undermine the separation of powers, dismissing structural constraints that guard political liberty against the abuse of executive power. To theorize a meaningfully limited account of presidential power, I look to eighteenth-century and early American conceptions of executive power that contemporary scholars overlook. My account of the constitutional uses of presidential power is indebted to the historical thinkers that were most influential on the development and early interpretation of the U.S. Constitution. The three substantive chapters of my dissertation analyze how Baron de Montesquieu, William Blackstone, and John Marshall understood the exercise of executive discretion to be limited by constitutional frameworks. These sources offer a limited account of implicit prerogative where the executive could act outside but not against the law. Montesquieu, Blackstone, and Marshall all theorized the limited constitutional functions of the executive with respect to the separation of powers and its relationship to political liberty. Montesquieu provides an account of the "momentary" uses of executive power with respect to Rome's republican dictatorship and England's monarch. Blackstone offers a limited theory of "discretionary prerogative" power and the ways in which Parliament constrained its abuses. And Marshall develops their thought to reconcile the doctrine of the separation of powers with independent executive discretion in the American presidency. These eighteenth-century constitutionalists grappled with the paradox of executive power. How can a government confer an executive with requisite dispatch and unity to meet the demands of momentary emergencies, but maintain stability by ensuring it remain subject to constitutional limits? Emergency situations may temporarily empower the president to act outside legislative authorizations. But those particular executive actions ought to be harnessed by constitutional limits, retroactive review, and enjoinders from legislative bodies that may constrain discretionary actions. The structural theory provided by this dissertation presents common sensical insights on contemporary challenges related to executive power today. Presidents should not be able to dispense with the positive law by ignoring legislative restrictions on their discretion. To more reliably secure political liberty, executive power ought to remain subject to constraints from the separation of powers and constitutional limits.
- 일반주제명
- Political science
- 일반주제명
- Law
- 일반주제명
- American studies
- 일반주제명
- Social structure
- 키워드
- Executive power
- 키워드
- Political theory
- 키워드
- Prerogative
- 키워드
- Presidency
- 기타저자
- The University of Wisconsin - Madison Political Science
- 기본자료저록
- Dissertations Abstracts International. 87-02A.
- 전자적 위치 및 접속
- 로그인 후 원문을 볼 수 있습니다.
MARC
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■020 ▼a9798290968810
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■040 ▼aMiAaPQ▼cMiAaPQ
■0820 ▼a320
■1001 ▼aJones, Garrett.
■24510▼aThe Implied Powers Presidency: Outside but Not Against the Law
■260 ▼a[Sl]▼bThe University of Wisconsin - Madison▼c2025
■260 1▼aAnn Arbor▼bProQuest Dissertations & Theses▼c2025
■300 ▼a217 p
■500 ▼aSource: Dissertations Abstracts International, Volume: 87-02, Section: A.
■500 ▼aAdvisor: Schwarze, Michelle A.
■5021 ▼aThesis (Ph.D.)--The University of Wisconsin - Madison, 2025.
■520 ▼aThis dissertation reconstructs eighteenth-century understandings of executive power to provide a constitutional theory of implicit presidential powers and duties in emergencies. My project theorizes both structural and normative considerations that ought to constrain office holders that use the pretext of an emergency as an opportunity to stretch executive discretion. The core contribution of this work is in response to extra-constitutional accounts of presidential prerogative that are attributed to John Locke's understanding. In the extra-constitutional understanding, the executive may act both outside and against the law in emergencies. Problematically, these accounts depend on office holders possessing the requisite character and virtue to exercise self-restraint. I argue existing frameworks undermine the separation of powers, dismissing structural constraints that guard political liberty against the abuse of executive power. To theorize a meaningfully limited account of presidential power, I look to eighteenth-century and early American conceptions of executive power that contemporary scholars overlook. My account of the constitutional uses of presidential power is indebted to the historical thinkers that were most influential on the development and early interpretation of the U.S. Constitution. The three substantive chapters of my dissertation analyze how Baron de Montesquieu, William Blackstone, and John Marshall understood the exercise of executive discretion to be limited by constitutional frameworks. These sources offer a limited account of implicit prerogative where the executive could act outside but not against the law. Montesquieu, Blackstone, and Marshall all theorized the limited constitutional functions of the executive with respect to the separation of powers and its relationship to political liberty. Montesquieu provides an account of the "momentary" uses of executive power with respect to Rome's republican dictatorship and England's monarch. Blackstone offers a limited theory of "discretionary prerogative" power and the ways in which Parliament constrained its abuses. And Marshall develops their thought to reconcile the doctrine of the separation of powers with independent executive discretion in the American presidency. These eighteenth-century constitutionalists grappled with the paradox of executive power. How can a government confer an executive with requisite dispatch and unity to meet the demands of momentary emergencies, but maintain stability by ensuring it remain subject to constitutional limits? Emergency situations may temporarily empower the president to act outside legislative authorizations. But those particular executive actions ought to be harnessed by constitutional limits, retroactive review, and enjoinders from legislative bodies that may constrain discretionary actions. The structural theory provided by this dissertation presents common sensical insights on contemporary challenges related to executive power today. Presidents should not be able to dispense with the positive law by ignoring legislative restrictions on their discretion. To more reliably secure political liberty, executive power ought to remain subject to constraints from the separation of powers and constitutional limits.
■590 ▼aSchool code: 0262.
■650 4▼aPolitical science
■650 4▼aLaw
■650 4▼aAmerican studies
■650 4▼aSocial structure
■653 ▼aAmerican political thought
■653 ▼aConstitutionalism
■653 ▼aExecutive power
■653 ▼aPolitical theory
■653 ▼aPrerogative
■653 ▼aPresidency
■690 ▼a0615
■690 ▼a0323
■690 ▼a0398
■690 ▼a0700
■71020▼aThe University of Wisconsin - Madison▼bPolitical Science.
■7730 ▼tDissertations Abstracts International▼g87-02A.
■790 ▼a0262
■791 ▼aPh.D.
■792 ▼a2025
■793 ▼aEnglish
■85640▼uhttp://www.riss.kr/pdu/ddodLink.do?id=T17359354▼nKERIS▼z이 자료의 원문은 한국교육학술정보원에서 제공합니다.


