Which constitutional provisions has been used to justify the inherent powers of the president? (1 point)
Select up to two answers
• the vesting clause
• the power to declare war
• the take care clause
• the War Powers Act
• the vesting clause
• the take care clause
The two constitutional provisions that have been used to justify the inherent powers of the president are:
1. The Vesting Clause: This clause, found in Article II, Section 1 of the U.S. Constitution, states that "The executive Power shall be vested in a President of the United States of America." This clause has been interpreted to grant the president broad inherent powers to execute and administer the laws of the country.
2. The Take Care Clause: This clause, also known as the Faithful Execution Clause, is found in Article II, Section 3 of the U.S. Constitution. It states that the president "shall take Care that the Laws be faithfully executed." The take care clause has been cited as a source of authority for the president's inherent powers to ensure the enforcement and implementation of laws.
To determine which constitutional provisions have been used to justify the inherent powers of the president, we need to understand what inherent powers are and then look at the relevant provisions in the Constitution.
Inherent powers refer to the broad authority that the president possesses as the head of the executive branch. These powers are not explicitly enumerated in the Constitution but are considered to be implied or derived from the president's role as the chief executive.
Now, let's examine the options provided:
1. The vesting clause: The vesting clause, found in Article II, Section 1, of the Constitution, states, "The executive power shall be vested in a President of the United States of America." This clause is often cited to suggest that the president has inherent powers in order to fulfill their duties as the chief executive.
2. The power to declare war: The power to declare war is granted to Congress, not the president, under Article I, Section 8, of the Constitution. While the president does have significant authority in terms of military operations and conducting war, this power is not an inherent power but rather a power delegated by Congress.
3. The take care clause: The take care clause, also known as the faithfully execute clause, is found in Article II, Section 3, of the Constitution. It states, "The President shall take care that the laws be faithfully executed." This clause has been used to justify inherent powers, as it implies that the president has the authority to take necessary actions to execute and enforce the laws of the nation.
4. The War Powers Act: The War Powers Act, passed by Congress in 1973, is a federal law that outlines the president's power to commit U.S. armed forces to military action. While this act imposes limitations on the president's ability to engage in hostilities without congressional approval, it is a statutory law and not a constitutional provision.
Based on the options provided, the two constitutional provisions that have been used to justify the inherent powers of the president are:
- The vesting clause
- The take care clause