Lawfare Archive: Preserving Justice Department Independence
The Lawfare Podcast
The Role of the President in Interpreting the Law
The Take Care Clause is a duty, like Article II imposes on the president, to take care to faithfully execute the law. It's at least one part of the Constitution that gives him a duty to follow the law. The vast majority of law that presidents bump up against every day has not been interpreted by courts. So the executive branch has to interpret the law for itself before it acts.
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