# Take Care Clause *Clause of Article II, Section 3 of the U.S. Constitution requiring the president to "take Care that the Laws be faithfully executed"* The **Take Care Clause** is the provision of Article II, Section 3 of the United States Constitution under which the president "shall take Care that the Laws be faithfully executed."[^1] The same section also requires the president to report to Congress on the State of the Union, to receive ambassadors and other public ministers, and to commission all officers of the United States.[^1] The clause works within Article II's grant of executive authority. Section 1 of that article opens: "The executive Power shall be vested in a President of the United States of America."[^1] Article I places legislative powers with Congress.[^2] The Wikipedia account treats Article II's vesting clause, together with the vesting clauses of Articles I and III, as the basis for the separation of powers among the three federal branches.[^1] ## Section 1: President and vice president Article II creates the federal executive branch and assigns it to the presidency. It provides for the election and removal of the president and sets out the office's powers and duties. Section 1 creates the offices of president and vice president, gives each a four-year term, provides for the Electoral College, sets eligibility requirements, and prescribes the presidential oath.[^1] Article I gives Congress specific powers, among them the power to regulate commerce among the states under art. I, §8, cl. 3.[^2] The Wikipedia account states that Article II's vesting clause does not transfer those congressional powers to the president.[^1] ## Section 2: Presidential powers Section 2 makes the president commander-in-chief of the military and grants the pardon power. It requires the principal officer of each executive department to give advice when asked.[^1] Justice [[William Rehnquist]] dissented in *Nixon v. General Services Administration* (1977). He wrote that "the president is made the sole repository of the executive powers of the United States."[^1] Under the Appointments Clause, the president appoints judges and public officials with the advice and consent of the Senate.[^1] In *Lucia v. SEC*, 585 U.S. 237 (2018), the Supreme Court applied Appointments Clause limits to the structure of administrative law judges.[^3] The Wikipedia account, citing *The Atlantic*, states that Congress has delegated at least 136 distinct statutory emergency powers to the president. It says 13 of these require a declaration from Congress and the remaining 123 can be invoked by executive declaration alone. The same account cites Justice [[Robert H. Jackson]]'s dissent in *Korematsu v. United States* (1944).[^1] ## Section 3: Presidential responsibilities The full sentence of Section 3 reads in part: "he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States."[^1] The section's first clause, the State of the Union Clause, requires the president to give Congress information on the State of the Union "from time to time."[^1] Early presidents delivered annual addresses in person. Thomas Jefferson instead sent written messages, and later presidents followed his practice until Woodrow Wilson resumed personal addresses.[^1] Commentators Kesavan and Sidak describe the State of the Union Clause as an executive duty that must be discharged periodically, with the president's assessment made public to Congress.[^1] The sources assembled for this article give the Take Care Clause's text but no commentary or judicial construction specific to it.[^1] ## Section 4: Impeachment and removal Section 4 provides for removing the president, the vice president and "all civil Officers of the United States" on impeachment for, and conviction of, "Treason, Bribery, or other high Crimes and Misdemeanors."[^1] The House impeaches and the Senate tries. Removal follows conviction, and the Senate may vote by simple majority to disqualify the removed official from future federal office.[^1] ## See also - [[Minnesota]] ## Notes [^1]: Wikipedia, *Take Care Clause* (revision 1380653135, retrieved October 26, 2026) — text of Article II, §§1–4, including the clause "he shall take Care that the Laws be faithfully executed"; State of the Union history; Rehnquist dissent; emergency-power counts. https://en.wikipedia.org/wiki/Take_Care_Clause [^2]: Library of Congress, Constitution Annotated, *Article I* — text of Article I, including the vesting of legislative powers and the Commerce Clause, art. I, §8, cl. 3. https://constitution.congress.gov/constitution/article-1/ [^3]: Supreme Court of the United States, *Lucia v. SEC*, 585 U.S. 237 (2018) — Appointments Clause limits on the structure of administrative law judges. https://supreme.justia.com/cases/federal/us/585/237/