I have addressed some of these issues previously for NRO, but I provided my take on the constitutional source of broad executive power in wartime for that “other magazine” blog. It can be found here. Part of my argument is that the “prerogative” is inherent in the executive power established by the Constitution and rendered necessary by the fact that laws arising from legislative deliberation cannot foresee every exigency. For the safety of the republic, the executive must retain some latitude for action.
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About the Author
Mackubin Thomas Owens is a senior national security fellow at the Foreign Policy Research Institute , editing its journal Orbis from 2008 to 2020. A Marine Corps infantry veteran of the Vietnam War, he was a professor of national security affairs at the U.S. Naval War College from 1987 to 2015. He is the author of US Civil–Military Relations after 9/11: Renegotiating the Civil-Military Bargain.
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