Also known as: Faithful Execution Clause · Take Care Clause
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional provision requiring the President to ensure that federal statutes are implemented according to their terms. The clause imposes an affirmative duty to carry out congressional directives, including mandatory spending provisions, and bars unilateral refusal to expend appropriated funds.
Congress appropriated $300 million for next-generation air traffic control grants and directed the FAA to obligate the full amount to qualifying contractors. President Carson ordered the FAA to obligate only half the funds to address budget deficits. Gate Aviation and Star Jet, whose proposals met every statutory criterion, sued after their applications were denied due to the shortfall.
Federal procurement statutes required mandatory debarment of repeat wage-theft violators among federal contractors. President Lopez directed the Federal Acquisition Office to ignore the statutory scheme and apply a new flexible penalty system created by executive guidance. A contractor facing the altered regime sued to enforce the original debarment rule.
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A treaty obligated the United States to provide review of certain criminal convictions. President Harding directed state courts to disregard the treaty obligation and apply contrary state procedural rules instead. A convicted defendant whose case was affected sued to compel compliance with the federal directive.
No. The clause requires the President to carry out statutory directions regarding appropriations and prohibits unilateral impoundment of funds that Congress has expressly mandated be spent.
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The clause permits discretion in enforcement priorities and resource allocation but prohibits directives that nullify or replace an entire statutory enforcement mechanism with a conflicting executive policy.
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The clause supplies the substantive limit on the executive power vested in the President by requiring faithful execution of existing statutes rather than suspension or rewriting of laws Congress has enacted.
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…that the Memorandum is a valid exercise of the President's "Take Care" power fails because Avena is not domestic law. The Take Care clause empowers the President to execute the laws, not to make them. Because Avena is not of its own force domestic law and no implementing legislation exists, the President cannot rely on his…