Note 7 — Chapter I · INTRODUCTION
Reading edition
The words are, of course, those of John Locke, Of Civil Government, Bk. II, Ch. XIV.
The studies referred to include: Edward S. Corwin, The President: Office and Powers (New York: New York University Press, 3rd ed., 1948); and Total War and the Constitution (New York: Knopf, 1947); Clarence Berdahl, War Powers of the Executive in the United States, (Urbana: University of Illinois Press, 1921); Clinton L. Rossiter, Constitutional Dictatorship (Princeton: Princeton University Press, 1948) and The Supreme Court and the Commander in Chief (Ithaca: Cornell University Press, 1951); Wilfred E. Binkley, President and Congress (New York: Knopf, 1947); Bennett M. Rich, The President and Civil Disorder (Washington, D. C.: Brookings, 1941); Louis W. Koenig, The Presidency and the Crisis (New York: King’s Crown Press, 1944); John W. Burgess, Ch. XXVIII, vol. 2, The Civil War and the Constitution (New York: Scribners, 1901); James Hart, The Ordinance Making Powers of the President of the United States (Baltimore: Johns Hopkins Press, 1925); James G. Randall, Constitutional Problems Under Lincoln, rev. ed. (Urbana: University of Illinois Press, 1951); and a recent article by Albert L. Sturm, “Emergencies and the President,” 11 Journal of Politics, 121, 1949, in which he says, “Lincoln’s precedents have afforded warrant for his aggressive successors to meet extraordinary needs with extraordinary remedies, despite their doubtful constitutionality.” Perhaps as broad a claim to an executive prerogative as has been made in the United States is that which Lucius Wilmerding, Jr., bases upon his study of The Spending Power (New Haven: Yale University Press, 1943): “There are certain circumstances which constitute a law of necessity and self-preservation and which render the salus populi supreme over the written law. The officer who is called to act upon this superior ground does indeed risk himself on the justice of the controlling powers of the Constitution, but his station makes it his duty to incur that risk.” p. 12.