Answer 4 [D]: The Take Care Clause
The Take Care Clause, also known as the Faithful Execution Clause, is found in Article II, Section 3 of the United States Constitution. It states that the President "shall take Care that the Laws be faithfully executed." This provision has been used to justify the inherent powers of the president.
The Take Care Clause has been interpreted by some presidents and legal scholars to give the president broad authority to take action and make decisions in order to fulfill their duty of faithfully executing the laws. This can include the exercise of inherent powers, which are powers not specifically mentioned in the Constitution but are derived from its very nature and the purpose of the executive branch.
Through the Take Care Clause, the president can argue that they have the inherent power to take certain actions that are necessary for the effective execution of the laws, even if those actions are not expressly granted by the Constitution or authorized by Congress. This can include actions related to national security, foreign policy, and the protection of the country's interests.
However, it is important to note that the interpretation and extent of the president's inherent powers derived from the Take Care Clause are still subject to debate and can vary depending on the specific circumstances and the interpretation of individual presidents, courts, and legal scholars.
[2 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