Just now, the House Judiciary voted for two articles of impeachment by 23-17 vote.
A historic moment.
And the history of the Constitution matters.
I’d like to elaborate on the report’s use of our history of the “faithful execution” clauses by @andrewkent33 Ethan Leib & me.
1/
A historic moment.
And the history of the Constitution matters.
I’d like to elaborate on the report’s use of our history of the “faithful execution” clauses by @andrewkent33 Ethan Leib & me.
1/
2/
Page 8:
“To the Framers, the concept of faithful execution was profoundly important. It prohibited the President from taking official acts in bad faith or with corrupt intent, as well as acts beyond what the law authorized.”
An original meaning of fiduciary duties of office.
Page 8:
“To the Framers, the concept of faithful execution was profoundly important. It prohibited the President from taking official acts in bad faith or with corrupt intent, as well as acts beyond what the law authorized.”
An original meaning of fiduciary duties of office.
3/ Page 20:
“[I]mpeachable abuse of power is rooted in the Constitution’s text...”faithfully execute” the law. At minimum, that duty requires Presidents “to exercise their power only when it is motivated in the public interest rather than in their private self-interest.”
“[I]mpeachable abuse of power is rooted in the Constitution’s text...”faithfully execute” the law. At minimum, that duty requires Presidents “to exercise their power only when it is motivated in the public interest rather than in their private self-interest.”
4/ Our full article is here:
Kent, Leib, Shugerman, “Faithful Execution and Article II.”
It shows a history of “faithful execution” language in English, colonial & Founding era statutes & oaths to prohibit officials’ misuse of power & self-dealing...
harvardlawreview.org/2019/06/faithf…
Kent, Leib, Shugerman, “Faithful Execution and Article II.”
It shows a history of “faithful execution” language in English, colonial & Founding era statutes & oaths to prohibit officials’ misuse of power & self-dealing...
harvardlawreview.org/2019/06/faithf…
5/ Trump’s defenders show the danger of ahistorical misuse, reflecting errors by some judges & scholars:
The duty to “take care that the laws be faithfully executed” empowers a presidents to do whatever the wants to enforce the law.
No, the clauses limit discretion.
The duty to “take care that the laws be faithfully executed” empowers a presidents to do whatever the wants to enforce the law.
No, the clauses limit discretion.
