Which constitutional provisions has been used to justify the inherent powers of the president?

A. the vesting clause
B. the War Powers Act
C. the power to declare war
D. the take care clause

1 answer

A. the vesting clause and D. the take care clause are the constitutional provisions that have been used to justify the inherent powers of the president.

  • The vesting clause is found in Article II, Section 1 of the Constitution, which states that "The executive Power shall be vested in a President of the United States." This clause is interpreted to grant the president broad executive powers.

  • The take care clause, also located in Article II, Section 3, states that the president must "take Care that the Laws be faithfully executed." This provision has been interpreted to imply that the president has some inherent authority to act as needed to fulfill this duty, even in the absence of specific legislative guidance.

While the War Powers Act and the power to declare war are related to the president’s powers, they do not directly address the inherent powers in the same way as the vesting and take care clauses do.