Take Care Clause

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The Take Care Clause of the U.S. Constitution states that the President "shall take Care that the Laws be faithfully executed." Article II, Section 3. William Maclaine addressed the North Carolina ratifying convention by saying that this clause was "one of the [Constitution's] best provisions." President George Washington saw it as his duty suppress a tax rebellion, fulfilling the spirit of this principle.

This Clause is rarely the subject of litigation, but some presidents (Thomas Jefferson, Franklin Delano Roosevelt and Richard Nixon) would impound funds and refuse to spend them on projects approved by Congress. Critics of this impoundment have cited the Take Care Clause as requiring presidents to spend money as authorized by Congress.

The Take Care Clause has been cited by only 171 federal decisions, including only 3 by the U.S. Supreme Court.