Fordham Law Professors Andrew Kent and Ethan Leib and co-author Jed Shugerman’s 2019 Harvard Law Review article, “Faithful Execution and Article II,” was cited in The New York Times, in regards to the “Take Care” Clause—arguably a major source of presidential power.
The expansive reading of the take-care clause favored by unitarians is also undermined by a thorough reading of the history of the language. As Andrew Kent, Ethan J. Leib and Jed Handelsman Shugerman showed in a 2019 article for The Harvard Law Review on the idea of “faithful execution,” the history “points to faithful execution being a restrictive duty rather than an expansive power — and that this requirement was as likely to be imposed on high-level officeholders as it was upon low-level officers, who were ordered not to veer from their assigned jobs, not to self-deal and to do their jobs with diligence and care.”
Read “The Bewildering Irony Behind the Trump-Musk Partnership” in The New York Times.
