The Take Care Clause and Executive Discretion in the Enforcement of Law

Garvey, Todd

Library of Congress. Congressional Research Service.

关键词: Executive power;    Separation of powers;    Presidential powers;    Law enforcement;   

RP-ID  :  R43708
RP-ID  :  R43708_2014Sep04

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report addresses the President's general obligation to "take Care that the Laws be faithfully executed." The report then discusses the limited role the judicial branch has traditionally adopted in reviewing discretionary enforcement decisions, including the decision to initiate a criminal prosecution or an administrative enforcement action. The report concludes with a discussion of Congress's authority to restrict executive discretion in the enforcement of federal law.