Which constitutional provisions has been used to justify the inherent powers of the president? point) the power to declare war the take care clause vesting clause the War Powers Act

1 answer

There are primarily two constitutional provisions that have been used to justify the inherent powers of the president:

1. The Vesting Clause: The first sentence of Article II, Section 1 of the United States Constitution states, "The executive power shall be vested in a President of the United States of America." This clause has been interpreted to grant the president broad inherent powers to execute and enforce laws, as well as protect and preserve the nation.

2. The Take Care Clause: The Take Care Clause is found in Article II, Section 3 of the Constitution, which states, "he shall take Care that the Laws be faithfully executed." This clause has been interpreted to authorize the president to exercise inherent powers in order to fulfill their duty of faithfully executing the laws of the United States.

It is worth noting that the power to declare war does not fall under the inherent powers of the president. The power to declare war is primarily vested in the Congress, as outlined in Article I, Section 8 of the Constitution. However, the War Powers Act of 1973 does provide some limitations and requirements for the president's use of military force without a formal declaration of war.