Increasing Congressional gridlock has resulted in fewer substantial and ceremonial bills in recent years. In fact, dating back to the 113th Congress, various polls stated that 85% of the American people disapproved of how Congress was doing its job. During that time, President Barack Obama stated that he would take action on issues without Congress. In response, some House Republicans introduced H.R. 3978, the Faithful Execution of the Law Act and H.R. 4138, the Enforce the Law Act. H.R. 3978 sought to sue the President for not adhering to the “take care” clause of the United States Constitution.

The Constitution states that the President of the United States “shall make sure that laws are faithfully executed.” Some claim that the “take care” power is given to the President to act quickly and on more administrative tasks than Congress, leading to more effective governing.  Others say the “take care” clause is making the Presidency stronger than was intended by the Framers, overreaching into Congress’ lawmaking powers and weakening the checks and balances system.  

Objectives and Outcomes

• Students will understand and be able to use vocabulary related to Article II and Executive Powers as well as the “take care” clause.
  
• Students will be able to summarize and evaluate competing positions on the interpretation of the “take care” clause, Presidential powers, and the Framers’ intent.
  
• Students will practice and embody the traits of democratic citizenry by participating in a deliberation about Executive Powers.