Advisory Opinions Origins: From Kings to Executives
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Feb 27, 2025 
Join Judge Charles Eskridge, a judge with a keen insight on executive power, and Judge Brantley Starr, an expert on constitutional matters, as they dissect the evolution of executive authority in America. They explore the philosophical influences of Locke, contrasting today’s presidency with monarchical rule. Delve into the implications of presidential term lengths and the balance of power with Congress. Get ready for a lively discussion on accountability, the intricacies of political appointments, and historical reflections that shape contemporary governance.
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Executive Power
- Article II’s vesting clause vests "the executive power" in the president, unlike Article I, which vests specific powers in Congress.
- This raises the question: what exactly constitutes "the executive power?"
Locke's Two Executive Powers
- Locke argues that executives possess two powers: the power to enforce laws (domestic) and federative power (foreign).
- He suggests that in emergencies, the executive might have inherent power to override domestic laws, raising concerns about potential abuse.
Presidential Power vs. Kingly Power
- Old Whig argues that the US president holds similar power to the King of England, except for creating nobles.
- He suggests a hereditary or life-tenured executive to address potential power abuses, raising questions about the balance between power and accountability.
