Topic > John Locke's Idea of ​​Executive Prerogative in the Second Treatises of Government

Chapter fourteen of John Locke's Two Treatises of Government discusses the prerogative of the executive. Locke defines prerogative as the “power to act according to discretion, for the public good, without prescription of the law, and sometimes even against it” (Locke §160). For Locke, all powers not specifically granted to the legislature are therefore vested in the executive. According to Locke, the executive can exercise prerogatives on matters such as pardons, as well as on urgent decisions that are more easily accomplished by the executive than by a slow and cumbersome legislative body; however, the prerogative actions carried out by the executive must aim at 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 Shouldn't Be Banned"? Get an Original EssayIn section 160 of Locke's Second Treatise, Locke highlights the issue of time sensitivity and legislative power. Locke says: "for in some governments the legislative power is not always present, and is usually too numerous, and therefore too slow, for the dispatch required for execution", (Locke §160), which means that a Sometimes governments with broad legislative powers Bodies can take longer to make decisions because the larger the legislative body, the more difficult it will be 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 prerogative power. President Abraham Lincoln's actions during the American Civil War are a prime example of an executive's use of prerogative power. Lincoln suspended the writ of habeas corpus and imprisoned those suspected of disloyalty. On top of that, 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 of this was done without congressional approval. The reason why Lincoln did this was the fact that the United States Congress was not in session and therefore would not be able to pass his actions in a timely manner. Lincoln was convinced that it made no sense to "lose the nation and yet preserve the Constitution" (Lincoln 1864). He believed his actions were justified because they fell within the prerogative powers granted to him by the public. the American Civil War was waged with 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, whatever changes be made in it , tending to that end, cannot be an invasion upon anyone” (Locke §163) If Lincoln's actions had not been for the greater good of the public, they would not have been justified The executive is rooted in the people. In Section 164, Locke states that “the prerogative can be nothing other than the permission of the people to allow their rulers to do various things of their own free choice, where the law is silent, and sometimes even against it. the direct letter of the law. , for the public good” (Locke §164). This means that the executive has as much prerogative power as the people invest in it. Therefore, prerogative power is a trust that the people place in the executive, who is then free to use it as long as it is used fairly and is for the benefit of the people. By electing Lincoln president of the United States, the American people placed their trust in him that he would act only in their best interests. Thus, Lincoln's actions during the American Civil War were justified even though he did not have immediate congressional authorization..