THE TAKE CARE CLAUSE Would Appear To Stand For Two

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THE TAKE CARE CLAUSE would appear to stand for two, at times diametrically opposed
propositions—one imposing a "duty" upon the President and the other viewing the Clause
as a source of Presidential "power." Primarily, the Take Care Clause has been interpreted
as placing an obligation on both the President and those under his supervision to comply
with and execute clear statutory directives as enacted by Congress. However, the Supreme
Court has also construed the Clause as ensuring Presidential control over the enforcement
of federal law. As a result, courts generally will not review Presidential enforcement
decisions, including the decision of whether to initiate a criminal prosecution or
administrative enforcement action in response to a violation of federal law.

2. EXECUTIVE PRIVILEGE is the right of the President and other members of the executive
branch of government to keep certain communications confidential because disclosure
would be contrary to the interests of the President.

3. Dvv

4. The DOCTRINE OF OPERATIVE FACT” says the Supreme Court “recognizes the


existence of the law or executive act prior to the determination of its
unconstitutionality as an operative fact that produced consequences that cannot
always be erased, ignored or disregarded.

5. Executive Impoundment refers to the refusal of the President, for whatever reason,
to release funds appropriated by Congress. It is the failure to spend or obligate
budget authority of any type.
6.  doctrine of inappropriate provisions - a provision that is
constitutionally inappropriate for an appropriation bill may be singled out for veto
even if it is not an appropriation or revenue item.
7. Sub judice - It simply means that a matter is before the court for consideration
and, hence, should not be discussed in other fora. Thus, per the Court, “[t]he sub
judice rule restricts comments and disclosures pertaining to the judicial
proceedings in order to avoid prejudging the issue, influencing the court, or
obstructing the administration of justice.” The rule is aimed at, among others,
shielding the court from outside influence, and ensuring a fair trial – one based on
facts, and not on public opinion. 
8. QUALIFIED POLITICAL AGENCY DOCTRINE (ALSO ALTER EGO PRINCIPLE)
“all the different executive and administrative organizations are mere adjuncts of the Executive
Department, the heads of the various executive departments are assistants and agents of the Chief
Executive, and, except in cases wherein the Chief Executive is required by the Constitution or by
the law to act in person or the exigencies of the situation demand that he act personally, the
multifarious executive and administrative functions of the Chief Executive are performed by and
through the executive departments., performed and promulgated in the regular course of business,
are, unless disapproved or reprobated by the Chief Executive, presumptively acts of the Chief
Executive.” (Free Telephone Workers Union vs. Minister of Labor and Employment)
9.

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