The Path of the Prerogatives.

This article examines the "path of the prerogatives," the process by which royal prerogative powers described by William Blackstone were incorporated into American constitutional law, focusing on their transformation from British Crown powers into national government powers under the Articles of Confederation and the U.S. Constitution. It highlights the roles of key founders—James Wilson, Benjamin Franklin, John Dickinson, and Thomas Jefferson—in shaping these prerogatives as government powers vested in the United States as a legal corporation, rather than solely as legislative or executive powers. The article argues that many prerogatives were first assigned to the national government as a whole before being divided between Congress and the President, challenging traditional views of presidential power and the strict enumerated powers doctrine. It further suggests that the Constitution’s Necessary and Proper Clause reflects this distinction between government powers and departmental powers, with important implications for understanding the separation of powers and the scope of implied federal authority.