The Take Care Clause and Executive Discretion in the Enforcement of Law
Description
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.
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Description
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.
This report is part of the following collection of related materials.
Congressional Research Service Reports
The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.
Garvey, Todd.The Take Care Clause and Executive Discretion in the Enforcement of Law,
report,
September 4, 2014;
Washington D.C..
(https://digital.library.unt.edu/ark:/67531/metadc461965/:
accessed April 23, 2024),
University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu;
crediting UNT Libraries Government Documents Department.