The Essential Meaning of Executive Power

134 Pages Posted: 6 Jun 2000  

Saikrishna Prakash

University of Virginia School of Law

Date Written: February 2000

Abstract

The draft article attempts to reconstruct the essential meaning of executive power by recounting the way political theorists and others used the phrase prior to the Constitution's ratification. Using evidence drawn from primary and secondary sources, the piece documents the simple claim that the executive power is the power to execute the law. The piece also underscores that the founding generation universally understood that the President would superintend federal law execution. Finally, the piece attempts to make sense of the other constitutional provisions that are often deemed relevant to law execution and suggests how to harmonize these provisions with the essential meaning of executive power.

Suggested Citation

Prakash, Saikrishna, The Essential Meaning of Executive Power (February 2000). USD School of Law, Public Law Working Paper No. 04. Available at SSRN: https://ssrn.com/abstract=223757 or http://dx.doi.org/10.2139/ssrn.223757

Saikrishna Prakash (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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