The constitutional text

Article II · Section 3

Select any highlighted phrase to understand what it means.

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

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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Article II, section 3 (teaching subdivision f)

Faithful execution is a duty

Current text
he shall take Care that the Laws be faithfully executed,

What it means

The President must take care that the laws are faithfully executed. The clause frames executive power as an obligation to implement law within the constitutional order, not a personal entitlement to replace it.

Historical setting

The new presidency addressed the Confederation’s weak capacity to administer national decisions. Giving the executive energy was paired with directing that energy toward laws rather than arbitrary personal rule.

What it does

Execution involves judgment, priorities, and administration, but those practical necessities are not identical to a general power to repeal or suspend statutes. The President must also respect the Constitution as superior law.

Debate & interpretation

Hard questions arise when resources are limited, statutory commands are ambiguous, or the President believes a provision unconstitutional. Arguments should identify the legal duty and the claimed discretion rather than treating all nonenforcement as either automatically proper or automatically forbidden.

A common misreading

The power to execute laws is not a general authority to create whatever law the President wishes Congress had enacted.

Think it through

What distinguishes a reasonable enforcement priority from an executive decision to nullify a law?

Follow the connection

Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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