Above the Law?: The Evolution of Presidential Emergency Power Hardcover – March 9, 2026

“Edelson patiently and meticulously examines the history of executive power in the US, with the Trump presidency looming over the discussion…. He provides some reasons for hope but is sounding the alarm bells at both the over- and underreach of the current administration.” ―Perry Missner, Research Librarian for the Brown County Library, Wisconsin "Exceptionally timely and impressive.... Edelson has amassed a wealth of historical evidence and examples about how presidents use (and misuse) emergency powers." ―Nancy Kassop, State University of New York at New Paltz"If you want to understand both legitimate and illegitimate uses of emergency powers, this is the book to read." ―James Pfiffner, George Mason University In the current US political climate, the appropriate use of and constraints on emergency presidential power have become the topic of much heated debate. How did the framers of the Constitution intend to balance emergency powers with limits? How has this balance eroded over time? And why is Donald Trump's presidency so concerning for the future of liberal democracy in the United States?Addressing these questions and more, Chris Edelson traces the evolution of emergency executive authority in the US government from the eighteenth century to the second Trump administration.CONTENTS: The Evolution of Emergency Presidential Power.What Does the Constitution Tell Us?Statutory Emergency Presidential Power: The Failure to Set Meaningful Limits.The Role of Congress: The Eighteenth and Nineteenth Centuries.From Theodore Roosevelt to Harry S. Truman.The Late Twentieth Century: Congressional Deference Becomes the Norm.The Post 9/11 Presidency: Claiming Power Without Limit.Donald Trump's First Term: Overreach, Underreach, and Constitutional Failure.Donald Trump's Second Term: Toward American Monarchy.A Perfect Storm. Read more