The Committee for the Republic invites you to explore the constitutional obligation of the President to faithfully execute the laws. Article 2, section 3 of the Constitution directs the President to “take Care that the Laws be faithfully executed.” The Take Care Clause was born of the British experience with King James II’s refusal to execute the
laws as applied to his religious followers. The English Bill of Rights of 1689 thus prohibited the King from suspending or dispensing with the execution of the laws without authorization from Parliament.
The Take Care Clause is a cornerstone of the Constitution’s separation of powers. It divides law making from law enforcement. It
prevents the President from exercising a de facto nullification of the Constitution or laws by declining to enforce them. And it fortifies the power of judicial review by requiring the President to enforce court orders. Violations of the Take Care Clause are impeachable offenses. They featured in the impeachment ordeals of President Richard Nixon and President Bill Clinton. The Take Care Clause is a scarecrow if Congress slumbers on its impeachment power. The most egregious
violations elude judicial redress.
Our Vice Chair, Bruce Fein, is second to none when it comes to the Constitution and its brainchild James Madison. Bruce will survey contemporary violations of the Take Care Clause, including presidential signing statements where bills are signed into law with declarations the executive will not enforce
identified provisions it decrees are unconstitutional — indistinguishable from an absolute line-item veto. Bruce will also address the Impoundment Control Act, birthright citizenship, the Tik-Talk Ban, the firings of Inspectors General and independent agency Commissioners, executive branch shutdowns of the Department of Education and U.S. A.I.D., and the authority of the President to defy court orders.