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The President And Faithful Execution Of The Laws, Arthur S. Miller

Vanderbilt Law Review

The Constitution is explicit: The President "shall take care that the laws be faithfully executed." Lurking, however, within that seemingly unambiguous language are several constitutional problems-some resolved, some partially resolved, some the subject matter of continuing controversy. As the power of the Presidency has aggrandized since 1789, particularly during the past half century, the question of the meaning to be given to that phrase-and by whom-in different contexts has moved to the forefront of issues involving the separation of governmental powers. This Essay will use the label "separation of governmental powers," although it long has been known that the constitutional …