[1 Point] (Question 5): Which constitutional provisions has been used to justify the inherent powers of the president? Please explain your answer.

(Answer 1[A]: The War Powers Act).
(Answer 2[B]: The Vesting Clause).
(Answer 3[C]: The Power to Declare War).
(Answer 4[D]: The Take Care Clause).

1 answer

The answer that best fits the question is Answer 4 [D]: The Take Care Clause.

The Take Care Clause, which is found in Article II, Section 3 of the United States Constitution, states that the president "shall take Care that the Laws be faithfully executed." This clause has been used to justify the inherent powers of the president because it implies that the president has a duty to ensure that laws are implemented and enforced, which in turn grants him certain powers to carry out this responsibility.

Under the Take Care Clause, the president has been able to assert inherent powers, such as the power to issue executive orders, appoint and remove executive officials, and manage the executive branch. These powers are seen as necessary for the president to effectively carry out his duty of faithfully executing the laws.

It is important to note that the other options provided in the question, namely the War Powers Act, the Vesting Clause, and the Power to Declare War, do not directly justify the inherent powers of the president as explicitly as the Take Care Clause does. While these provisions may grant certain powers to the president, they do not encompass the broad range of inherent powers that the president can derive from the Take Care Clause.