Executive Power

Executive Power

Creating the Executive branch was a difficult task for the Founders. They knew they didn’t want a king but what powers did a President and his staff rightfully need to execute and uphold the law? Episodes in this unit cover topics related to specific Presidential responsibilities and powers, as well as questions about who qualifies as an “Officer of the United States,” and the balance of power between the Executive and Legislative branches.

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9 of 16: Can a President Choose to Not Enforce the Law? [No. 86]

The Constitution says "The President shall take care that the laws are faithfully executed." Professor Saikrishna Prakash explains that this means the President does get to choose whether or not to enforce the law, as passed by Congress. However, dif ... The Constitution says "The President shall take care that the laws are faithfully executed." Professor Saikrishna Prakash explains that this means the President does get to choose whether or not to enforce the law, as passed by Congress. However, difficulties arise if a President thinks a law is unconstitutional or simply doesn’t like a law. The President is required to execute the law to the best of his ability although he does have some discretion over how he allocates time and resources to do so.

Professor Saikrishna Prakash is the James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law at the University of Virginia School of Law. Professor Prakash’s scholarship focuses on separation of powers, particularly executive powers. He teaches Constitutional Law, Foreign Relations Law and Presidential Powers.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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