On The Emergency Privilege Of President In US

A good order, not only can preset a method to protect the order in regular period,but also can develop a system to guarantee the order in the state of emergency. The mostimportant method to protect the order for a democracy state is law, but the law can’tcontain all emergencies, even sometimes a strict application of law will make the stateof emergency into disorder. Therefore, law must be adjusted to adapt the embarrassment,caused by the state of emergency. So the purpose of the paper is to argue the president’sprivilege to guarantee constitutional order and eliminate the state of emergency. Thepaper will be divided into five parts.The first part is an overview of the state of emergency. In this part, its first aspect isto define the privilege of emergency. Then, the multi-dimension discussion of privilegewill get a conclusion that the privilege can be divided into two kinds, namely naturalprivilege and promissory privilege. At last, the description of the president’s emergencyprivilege will explain that the president’s emergency privilege is a promissory privilege.The second part is to prove the president’s emergency privilege is right. In this part,firstly introducing two understanding interpretation of Constitution and three models oflegal thinking, provides a constitutional interpretation for president’s emergencyprivilege. Then, introducing the utilitarian argument, by following the Mill’sutilitarianism and philosophy of freedom, will slow associated heckler’s critique. Finally,the intuitionism theory will make president’s emergency privilege meet the public will.The third part will explain the applicable scope of the emergency privilege, whichincludes war, economical crisis, and terrorism. The fourth part discusses congressionallimits on emergency privilege. In the section, reviewing national emergency lawexplicitly, will explore that Congress’ way to act effectively on emergency privilege.The fifth part discusses the court’s limit on emergency privilege. In this section, firstlyexplains it’s a wise way for the Supreme Court to acknowledge the president’semergency privilege. Then, three doctrines of precedent will be explained.