The Judicial Development of Presidential War Powers


Sheffer deals with some of the oldest continuing constitutional problems confronting the American government: the judicial development of presidential war powers, potential constitutional dictatorship, and a wartime constitution. What enhances these problems is the very cryptic language presented by Article II itself. First, the generalities of Article II are read expansively enough to cover specific presidential actions, while a theory of inherent powers tends to justify the means. This combination of action and theory, Sheffer asserts, presumes that ends and means are determined only by the president. The end result is that presidential action takes on the characteristics of constitutional power.

Additional information

Publisher: Place of publication:
  • Westport, CT
Publication year:
  • 1999