Why Men?

This thesis is about the scope of executive power under the American Constitution, and the degree to which President may, in extraordinary circumstances, assert authority not explicitly granted to them by that document. It is about the extent to which the American executive may assert what John Locke termed "prerogative: " the ability to act beyond or even against the letter of the law to protect the public's best interests. It is an individual's discretion to do what he (or she) believes is necessary, even when he (or she) has little or no authority to do so. At first glance, this may seem odd. The very idea of prerogative is in direct conflict with the American adage that "we are a country of laws, not men," and there is no explicit mention of executive "prerogative" anywhere in the Constitution. Article II Sections 2 and 3 describe the President's powers without describing any such power: