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  • Essay / John Locke's Idea of ​​Executive Prerogative in the Second Treatises of Government

    Chapter fourteen of John Locke's Two Treatises of Government discusses executive prerogative. Locke defines prerogative as the “power to act according to one's discretion, for the public good, without the prescription of law, and sometimes even against it” (Locke §160). For Locke, all powers not specifically granted to the legislature are thus granted to the executive. According to Locke, the executive can exercise prerogative over matters such as pardons as well as over urgent decisions that are more easily accomplished by the executive than by a slow and bulky legislature; however, prerogative actions taken by the executive must be for the public good, which is the foundation of the executive's prerogative power.Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay In section 160 of Locke's second treatise, he highlights the issue of time sensitivity and legislative power. Locke says: "since in some governments the legislative power does not always exist and is generally too numerous, and therefore too slow, for the speed required for execution" (Locke §160), meaning that sometimes governments with significant legislative power Legislative bodies may take longer to make decisions because the larger the legislature, the more difficult it is to reach agreement. It is in situations like these, when the legislature is unable to make a quick decision, that the executive has the right to exercise its prerogative power. President Abraham Lincoln's actions during the American Civil War are a prime example of an executive using its prerogatives of power. Lincoln suspended the writ of Habeas Corpus and imprisoned those suspected of disloyalty. Additionally, after the attack on Fort Sumter, Lincoln increased and expanded the size of the army, ordered a blockade of southern ports, and spent $2 million. All this was done without Congressional approval. The reason Lincoln did this was the fact that the United States Congress was not in session and therefore would not be able to approve his actions in a timely manner. Lincoln thought it made no sense to “lose the nation while preserving the Constitution” (Lincoln 1864). He believed that his actions were justified because they were prerogatives granted to him by the public. The American Civil War were fought for the sole purpose of maintaining and preserving the Union and securing the good of the community, just as Locke says in section 163: "That the government may be the good of the community , regardless of the changes made. in tending to this end, no one can be encroached upon” (Locke §163) If Lincoln's actions had not been for the greater good of the public, they would not have been justified. Locke says that the prerogative power of the executive is. rooted in the people. In Section 164, Locke states that "prerogative can be nothing but that the people permit their rulers to do many things of their own choosing, where the law is silent, and sometimes also against the law." direct letter of the law. , for the public good” (Locke §164). This means that the executive only has prerogative power to the extent that the people invest in it. Therefore, the prerogative of power is a trust that the people place in the executive, who is then free to use it provided that it is used fairly and in the interest of the people. By electing Lincoln as President of the United States, the American people trusted him that he.