The argument that the oath of office requires a president to preserve the Constitution, even if it means taking unconstitutional actions to do so, is

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The prerogative view of presidential power, as argued by some, suggests that a president might need to take actions that are not explicitly authorized—or could even be seen as unconstitutional—in order to preserve the Constitution and the nation. This view is often associated with a broader interpretation of executive power and the belief in the necessity of decisive action in times of crisis.

The Argument That the Oath of Office Requires a President