The Constitution states that the President shall take care that the laws be faithfully executed. While its precise meaning is unclear, the Take Care Clause has been used to justify broad exercises of executive power. This paper examines the original meaning of the Take Care Clause and whether the Framers intended the clause to provide such broad executive discretion. In determining the original meaning of the Take Care Clause, this paper analyzes founding documents such as notes and records from the Constitutional Convention, the Federalist Papers, and state constitutions and court opinions. After determining the original meaning of the Take Care Clause, this paper explores whether our current system of government provides any meaningful checks to ensure fidelity to this clause and what measures may be necessary to preserve such fidelity.

Keep Reading Preserving Faithful Execution: An Examination into the Original Meaning of the Take Care Clause and the Measures to Preserve It