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Association: Name: North Eastern Political Science Association URL: http://www.northeasternpsa.org
Citation: URL: http://www.allacademic.com/meta/p89585_index.html Direct Link: HTML Code:

Dodds, Graham. "Presidential Power and the Constitutional Executive" Paper presented at the annual meeting of the North Eastern Political Science Association, Crowne Plaza Hotel, Philadelphia, PA, Nov 06, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p89585_index.html>

Dodds, G. , 2003-11-06 "Presidential Power and the Constitutional Executive" Paper presented at the annual meeting of the North Eastern Political Science Association, Crowne Plaza Hotel, Philadelphia, PA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p89585_index.html

Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: This paper explores how best to understand and study presidential powers that are not mentioned in the Constitution but that have nevertheless come to be accepted as legitimate. My particular concern is with executive orders, but my analysis is also relevant for other presidential powers, such as executive agreements and signing statements. My discussion proceeds in four parts. First, I examine what the Constitution says about executive orders and related matters. Since executive orders per se are not mentioned in the Constitution, their constitutional status is largely bound up with the larger issues of the Constitution�s treatment of the executive and presidential power. However, I find that these aspects of the Constitution are highly ambiguous. Second, in an attempt to elucidate the matter, I briefly consider related theoretical resources on executive power, particularly John Locke�s account of prerogative power, which offers an important rationale for executive orders and similar powers. However, I find that there is a wide variety of relevant theoretical views about executive power and that none decisively resolves the constitutional ambiguities of executive power. Third, I briefly consider related historical sources on the Constitution�s treatment of the presidency, particularly English and early American legal and constitutional precedents, but again I find nothing that really settles the issue. Fourth, I conclude with some thoughts about the implications of apparently intractable constitutional ambiguity for analyzing executive orders and their development. Since legal formalism, theoretical arguments, and pre-Constitutional legal precedents do not adequately account for executive orders, the relevant terrain here must be political; given the empirical fact of a persistent plurality of competing conceptions of presidential power, the best way to understand the constitutional propriety of executive orders is to examine how the matter has developed in the political realm, specifically in terms of the interbranch struggle over constitutional politics. For this reason, I conclude that the best methodological approach for this topic is historical institutionalism and American political development.

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