T
he U.S. Constitution twice imposes a command of faithful execution on the President: The President must “take Care that the Laws be faithfully executed” and must swear or affirm that he or she will “faithfully execute the Office.” Until now, no research illuminated where the concept of “faithful execution” came from or what it meant when the Constitution was written and adopted. Original research by Andrew Kent, Ethan J. Leib, and Jed Shugerman shows that these clauses do not support imperial conceptions of the presidency and instead are connected to a history of limited executive power.
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FORDHAM L AW
