Posts Tagged ‘faithfully executed clause’

Republicans pass bill to sue Obama for not enforcing laws

Capitol Hill by night--Joseph Earnest

Newscast Media WASHINGTON—Republicans overwhelmingly supported a bill that will
allow them to sue the president for failure to enforce federal laws. Republicans say
the bill is necessary because the president is engaged in selective enforcement of the
nation’s laws.

The Republican-led House voted 233-181 in favor of the bill and admonished Obama
for failing to defend the federal law that bans gay marriage.

The bill, titled House Resolution 511 (H.Res. 511) provides for consideration of the bill
to protect the separation of powers in the Constitution of the United States by
ensuring that the President takes care that the laws be faithfully executed.
When Barack Obama took office, he swore to uphold and protect the Constitution of
the United States.

Under the bill, Republicans can sue the president on an expedited basis, on the
grounds that he “failed to meet the requirement of Article II, section 3 of the
Constitution of the United States to take care that a law be faithfully
executed.”

Article II, section 3, states: “He shall from time to time give to the Congress
Information of the State of the Union, and recommend to their Consideration such
Measures as he shall judge necessary and expedient; he may, on extraordinary
Occasions, convene both Houses, or either of them, and in Case of Disagreement
between them, with Respect to the Time of Adjournment, he may adjourn them to
such Time as he shall think proper; he shall receive Ambassadors and other public
Ministers; he shall take Care that the Laws be faithfully executed, and shall
Commission all the Officers of the United States.

The last clause is called the “Take care clause” or “Faithfully executed clause.”
It is meant to ensure that the law is faithfully executed by the president, no matter
how much he disagrees with a particular law, or who wrote it.

In other words, by virtue of his executive power, the president may execute the law,
and ensure that others (all Officers) do the same.

By supporting this new bill, Republicans are simply holding Obama’s feet to the fire.

Click here to view or download text of the recently-passed bill.

         

Be the first to comment - What do you think?  Posted by Joseph Earnest - March 13, 2014 at 12:23 am

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