Saint Louis University Law Journal Volume 58 Number 2 (Winter 2014) Article 4 2014 Is an Inviolable Constitution a Suicide Pact? Historical Perspective on Executive Power to Protect the Salus Populi Ryan Patrick Alford Ave Maria School of Law,
[email protected] Follow this and additional works at: https://scholarship.law.slu.edu/lj Part of the Law Commons Recommended Citation Ryan P. Alford, Is an Inviolable Constitution a Suicide Pact? Historical Perspective on Executive Power to Protect the Salus Populi, 58 St. Louis U. L.J. (2014). Available at: https://scholarship.law.slu.edu/lj/vol58/iss2/4 This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Law Journal by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW IS AN INVIOLABLE CONSTITUTION A SUICIDE PACT? HISTORICAL PERSPECTIVE ON EXECUTIVE POWER TO PROTECT THE SALUS POPULI RYAN PATRICK ALFORD* INTRODUCTION One of the thorniest issues ever put to jurists of the western legal tradition is the question of the proper scope of executive powers in a time of crisis. It has been disputed vigorously during key episodes in history; this has helped to define the boundaries of constitutional government against tyranny, absolute monarchy, and dictatorships. Despite apparently decisive rejections of overbroad executive powers at formative moments of legal history, the issue has proven itself perennial; even as threats to the state take on ever more frightening proportions, the issue is repeatedly reopened. A written constitution can be seen as an attempt on the part of a nation to tie itself to the mast of the rule of law, such that no emergency can tempt the people to dispense with the principle that they are governed by laws, and not by men.