Best of @RichardAEpstein Constitution’s “Take Care” Clause & DAPA before SCOTUS. @HooverInst.

Nov 01, 2018, 02:47 AM


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Show Constitution’s “Take Care” Clause & DAPA before SCOTUS. @RichardAEpstein. @HooverInst. One of the most closely watched cases before the Supreme Court this term is United States v. Texas, the immigration case that is scheduled to be argued on April 18. The Supreme Court surprised most observers when it asked the parties in that case to address a question they did not raise in their briefs: whether President Obama’s “Deferred Action for Parents of Americans” (DAPA) order violates the “Take Care Clause” of Article II of the Constitution. The Take Care Clause has never before been enforced by the Court and most people have probably never heard of it. Found in Article II of the Constitution, it is composed of only nine words: the president “shall take care that the laws be faithfully executed.” But an understanding of those nine words requires an appreciation of their roots in English history…