The book is structured in three parts.

Part I lays the constitutional foundation by tracing how the Supreme Court has historically interpreted the separation of powers and defined the President’s place within that framework.

Part II presents a series of contemporary hypotheticals – each anchored in actual Supreme Court decisions – to illustrate how the Court has addressed claims of unchecked executive power in areas such as military deployment, national emergencies, executive detention, and administrative control.

Part III examines the composition and jurisprudential orientation of the current Court and anticipates how it might respond to present and future assertions of presidential overreach.

Introduction

The Introduction opens with the Supreme Court’s landmark decisions in Ex parte Milligan (1866) and Youngstown Sheet & Tube Co. v. Sawyer (1952) where the Court fulfilled its constitutional role by telling the President that he had exceeded his lawful authority. These rulings, which affirm that the President is bound by law and confined to his constitutionally assigned duties, provided the inspiration for this book. In them, the Court articulated enduring first principles of constitutional governance – principles that are now under pressure.

In addition to explaining the three-part progression of the book, the Introduction includes descriptions of each chapter, and explains the importance of engaging directly with the Supreme Court’s own language, rather than relying solely on commentaries or summaries. It shows that the Court’s reasoning is more accessible than readers might assume – and where it becomes more nuanced, plain-language descriptions are provided.

PART I: CONSTITUTIONAL FOUNDATIONS

Chapter 1 – A Constitution for the Ages

Chapter 1 explores the Constitution as the fundamental charter of the Nation, crafted by the Framers with the clear intention of creating a durable framework for self-government across generations. It emphasizes that preserving the Constitution is a shared responsibility, not only of the courts and Congress, but of the President as well. The chapter reflects on the foresight of the Framers in designing a document for the ages – capable of enduring crisis, conflicts, and change. It concludes with Benjamin Franklin’s enduring challenge to future generations: that the survival of the Republic depends on whether we can keep it.

Chapter 2 – Separate but Equal

Chapter 2 examines the Constitution’s central organizing principle: the separation of powers. Far from an abstract theory, this structure was designed as a practical safeguard against tyranny by preventing any one branch from accumulating excessive authority. The chapter traces the intellectual roots of this design and explains how it was crafted not for efficiency, but for endurance. It also highlights the Supreme Court’s distinctive role in maintaining this balance, including how it polices the boundaries of its own authority within the constitutional framework.

Chapter 3 – The President: A Different Creature

Chapter 3 explores the President’s unique role within the constitutional framework, where all executive power is vested in a single individual. The Framers intentionally crafted the presidency to be energetic and effective, yet constrained by clear constitutional limits. Distinct from the English monarch, the President was never meant to wield unbounded or unchecked authority. The chapter concludes by examining the challenges this design poses for the Supreme Court in identifying and addressing executive overreach.

PART II: PRESIDENTIAL POWER IN ACTION

Chapter 4 – The President as Pretender Monarch

Chapter 4 opens with a hypothetical scenario in which the President refuses to enforce a new election reform law enacted by Congress to shield federal elections from executive interference, raising urgent constitutional questions. It examines Supreme Court decisions that affirm the President cannot ignore, suspend, or rewrite laws passed by Congress. The chapter emphasizes that the President is bound by law and is not above it. It concludes by distilling the constitutional principles articulated by the Court and applying them to the initial scenario, illustrating the limits of presidential power.

Chapter 5 – The President as Jailor

Chapter 5 begins with a hypothetical in which the President declares a “state of emergency” and issues an Executive Order establishing “relocation centers” for law-abiding Americans of a particular religious background, without warrants, charges, or judicial review – raising grave constitutional concerns. The chapter reviews Supreme Court decisions addressing the President’s power to detain individuals without formal charges, judicial oversight, or due process. These rulings affirm the fundamental constitutional right to be free from involuntary confinement by executive order alone. It concludes by extracting the principles articulated by the Court and applying them to the opening scenario, demonstrating the constitutional limits on executive detention power.

Chapter 6 – The President as Military Ruler

Chapter 6 opens with a scenario – no longer purely hypothetical – in which the President declares Los Angeles in a “state of emergency,” suspends civil government, and places the city under military control, raising profound constitutional questions. The chapter traces the Supreme Court’s evolving approach to such assertions of executive power, from early deference to increasing constitutional scrutiny. Over time, the Court has established clear criteria that must be met for the President to lawfully impose military rule within the United States. The chapter concludes by applying these constitutional standards to the opening scenario, revealing urgent implications for present-day assertions of martial authority.

Chapter 7 – The President as Lawmaker

Chapter 7 begins with a hypothetical scenario in which Congress passes a law granting the President sweeping powers to declare war, arrest domestic “enemies,” and create an independent security force under his sole command – raising serious constitutional concerns. The chapter examines Supreme Court decisions addressing the limits of congressional delegation, particularly whether Congress can lawfully transfer lawmaking or military powers to the President. These rulings reinforce that while Congress may grant certain discretionary powers, it cannot authorize the President to bypass constitutional constraints or establish a force independent of civilian oversight. The chapter concludes by applying these principles to the opening scenario, questioning the constitutionality of unilateral executive control over a personal security force.

Chapter 8 – The President as Lawbreaker

Chapter 8 opens with two stark hypothetical scenarios: one in which the President orders the assassination of a political rival, and another involving a military strike ordered by the President with knowledge that hundreds of innocent civilians will likely be killed. The chapter explores whether, under the Constitution, a sitting or former President can be civilly liable or criminally prosecuted for such actions. It traces over two centuries of Supreme Court rulings on presidential accountability and legal immunity. The chapter concludes by distilling the constitutional principles from these decisions and applying them to the opening scenarios, confronting the limits of presidential immunity under the rule of law.

PART III: MODERN CONFRONTATION: THE PRESIDENT AND THE COURT

Chapter 9 – The Current Justices on Presidential Power

Chapter 9 analyzes the views of current Supreme Court Justices on the core constitutional issues addressed throughout the book. It explores their past opinions and writings to assess how they interpret limits on presidential power. The chapter offers insight into how the Justices might respond to future constitutional challenges posed by an overreaching Executive. In doing so, it helps readers understand the likely direction of the Court in safeguarding – or failing to safeguard – the constitutional balance in the years ahead.

Chapter 10 – Presidential Defiance of the Court

Chapter 10 confronts a once-hypothetical but now pressing question: What happens if the President refuses to comply with a Supreme Court decision? It examines whether a President can defy the Court without consequence and investigates historical instances of such defiance. The chapter explores how the Supreme Court has responded to these challenges in the past and what guidance it has provided on the constitutional limits of presidential resistance. Ultimately, it asks whether the rule of law can endure when the Executive openly disregards the Judiciary.