Advising the President: The Growing Scope of Executive Power to Protect America

58 Pages Posted: 28 Sep 2016

See all articles by Alberto Gonzales

Alberto Gonzales

Belmont University - College of Law

Date Written: 2015

Abstract

The scope of power that the executive branch has to act independently of the other government branches in the national security arena is one of the most difficult questions to answer in constitutional law. Congress has passed a number of statutes empowering the President to take actions necessary to protect our national security, but on relatively few occasions has Congress authorized the President to use force through declarations of war. As Counsel to the President, my job was to work with Attorney General John Ashcroft and other senior lawyers in the Bush Administration to advise the President on the limits of his power to protect America. When I became Attorney General in 2005, I assumed the primary role for that responsibility. In this article, I will explain how I approached this question then from an insider's perspective, based on a straightforward framework of necessity balanced against accountability.

Keywords: Constitutional Law, Executive Branch, Executive Power, Congress, President of the United States of America, National Security, Declarations of War, Attorney General Alberto Gonzales, President George W. Bush

Suggested Citation

Gonzales, Alberto, Advising the President: The Growing Scope of Executive Power to Protect America (2015). Harvard Journal of Law and Public Policy, Vol. 38, No. 2, 2015; Belmont University College of Law Research Paper No. 2016-1. Available at SSRN: https://ssrn.com/abstract=2844311

Alberto Gonzales (Contact Author)

Belmont University - College of Law ( email )

1900 Belmont Boulevard
Nashville, TN 37212
United States

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