ABSTRACT
During the national emergency of the Civil War Lincoln assumed presidential powers which produced debates over constitutionality. These disputes were manifold among contemporaries of the President and have been explored by historians in the period since. The ambiguity of the Constitution has ensured that it was not only Lincoln who faced questions over the constitutional legitimacy of his actions. Andrew Jackson’s frequent use of the veto and expansive view of his role as president caused opponents to call him ‘King Andrew’. Before America officially entered the Second World War, Roosevelt started a quasi-war in the North Atlantic and during the conflict he authorised the internment of Japanese-Americans. Historians have explored from where he received his authority to act in such cases.1 An open letter from scholars of constitutional law to members of Congress in 2006 seriously criticised President Bush’s domestic wiretapping programme. The argument concluded, ‘the President cannot simply violate criminal laws behind closed doors because he deems them obsolete or impracticable’.2
