Executive Discretion in the Zone of Twilight: War Powers Amidst Congressional Silence

This article recovers the constitutional thought of Alexander Hamilton, John Marshall, and others to provide a limited theory of presidential war powers. Contemporary legal understandings of war powers follow Justice Robert Jackson’s canonical framework in Youngstown Sheet & Tube Co. v. Sawyer, which describes a constitutional “Zone of Twilight.” His framework does not answer how we ought to understand the limits of presidential power when Congress neither authorizes nor prohibits executive action. This work recovers historical grounding for a limited sphere of executive discretion that remains susceptible to retroactive review from Congress. The president’s power to respond to a sudden threat is best understood as a defeasible power in the minds of leading Federalists. This distinctive understanding helps clarify how an energetic executive may be reconciled with constitutional limits.

Authors

Institutions

Publication Details

Journal
Congress & the Presidency
Published
2026-09-14
DOI
https://doi.org/10.1080/07343469.2026.2712216
Primary Topic
American Constitutional Law and Politics
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
article

Executive Discretion in the Zone of Twilight: War Powers Amidst Congressional Silence

G. I. Jones
Congress & the Presidency
American Constitutional Law and Politics
article

Executive Discretion in the Zone of Twilight: War Powers Amidst Congressional Silence

G. I. Jones
article en

Abstract

This article recovers the constitutional thought of Alexander Hamilton, John Marshall, and others to provide a limited theory of presidential war powers. Contemporary legal understandings of war powers follow Justice Robert Jackson’s canonical framework in Youngstown Sheet & Tube Co. v. Sawyer, which describes a constitutional “Zone of Twilight.” His framework does not answer how we ought to understand the limits of presidential power when Congress neither authorizes nor prohibits executive action. This work recovers historical grounding for a limited sphere of executive discretion that remains susceptible to retroactive review from Congress. The president’s power to respond to a sudden threat is best understood as a defeasible power in the minds of leading Federalists. This distinctive understanding helps clarify how an energetic executive may be reconciled with constitutional limits.

Congress & the Presidency
The University of Texas at Austin (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
American Constitutional Law and Politics
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Executive Discretion in the Zone of Twilight: War Powers Amidst Congressional Silence — G. I. Jones · Congress & the Presidency (2026) | TGRS Research Map | TGRS