Jump to ContentJump to Main Navigation
Extra-Legal Power and LegitimacyPerspectives on Prerogative$
Users without a subscription are not able to see the full content.

Clement Fatovic and Benjamin A. Kleinerman

Print publication date: 2013

Print ISBN-13: 9780199965533

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199965533.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 November 2020

The Limits of Constitutional Government: Alexander Hamilton on Extraordinary Power and Executive Discretion

The Limits of Constitutional Government: Alexander Hamilton on Extraordinary Power and Executive Discretion

Chapter:
(p.97) Chapter 5 The Limits of Constitutional Government: Alexander Hamilton on Extraordinary Power and Executive Discretion
Source:
Extra-Legal Power and Legitimacy
Author(s):

George Thomas

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199965533.003.0005

This chapter examines Alexander Hamilton's conception of executive power. It argues that although Hamilton favored an executive with broad discretion in both ordinary and extraordinary circumstances, he did not seek legal sanction for each and every act of executive discretion. Contrary to contemporary neo-Hamiltonians who claim constitutional and, hence, legal authority for virtually every action an executive takes in times of emergency, Hamilton himself sought political rather than legal authorization for executive action in cases of emergency. Hamilton embraced a conception of political constitutionalism that would find no place in Schmitt's argument. On this view, the constitution is not so much a legal document that spells out the rules that authorize and limit the executive as a set of principles and institutions that constantly invites circumstantial judgments about the best way to provide for the public good.

Keywords:   executive power, extraordinary power, executive action, emergency powers, political constitutionalism, constitution, public good

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .