JOURNAL ARTICLE

Alexander Hamilton on Executive Authority.

  • Published In: American Journal of Legal History, 2023, v. 63, n. 3. P. 251 1 of 3

  • Database: America: History and Life with Full Text 2 of 3

  • Authored By: Wurman, Ilan 3 of 3

Abstract

The article examines the "residuum" theory of executive power, which holds that Article II's Vesting Clause grants the U.S. president residual royal prerogative powers not assigned elsewhere in the Constitution. This theory is often linked to Alexander Hamilton's 1793 Pacificus essay defending President Washington's neutrality proclamation. However, the article highlights that Hamilton’s earlier 1791 opinion on the constitutionality of the Bank of the United States appears inconsistent with the residuum theory, as he neither invoked nor supported a residual executive power to incorporate corporations—a known royal prerogative. The article argues that this discrepancy suggests caution in relying heavily on Hamilton’s Pacificus argument as evidence that the Founders intended a broad residual executive power.

Additional Information

  • Source:American Journal of Legal History. 2023/09, Vol. 63, Issue 3, p251
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2023
  • ISSN:0002-9319
  • DOI:10.1093/ajlh/njad005
  • Accession Number:175621478
  • Copyright Statement:Copyright of American Journal of Legal History is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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