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The article discusses the U.S. President's duty to faithfully execute the laws of the nation as of 2016, and it mentions America's separation of powers doctrine, executive power under Article II of the U.S. Constitution, and various interpretations of the presidential execution duty throughout history. American constitutional law is assessed, along with U.S. President Barack Obama's views and those of several ex-leaders such as James Buchanan, Abraham Lincoln, and Benjamin Harrison.

In a message submitted to Congress on January 22, 1807, President Jefferson called attention to activities by a combination of private individuals who had endangered the nation. Admitting that a mixture of rumors and suspicions made it difficult to determine the actual facts, he nevertheless chose to identify Aaron Burr as the principal actor 'whose guilt is placed beyond question.' In advance of a trial, submission and evaluation of evidence, and final verdict by a court, Jefferson publicly found Burr guilty of treasonous conduct punishable by hanging. What prompted Jefferson to make this accusation and what constitutional and legal violations occurred in his pursuit of Burr? [ABSTRACT FROM AUTHOR]

Following Richard Neustadt, scholarship on the presidency tends to focus on presidents as single-minded seekers of political power. But, precisely because of the grandness of their political stage, presidents may, in fact, have constitutional ambitions concerning not how much power they will have but how they will wield their constitutional powers. James Madison's presidency provides an important case study of a president's constitutional ambitions. Entering office with constitutional concerns about the power of the presidency relative to the other branches, Madison used his own presidency and especially the War of 1812 to model a new type of constitutional office that he thought would fit better in the system of the separation of powers. [ABSTRACT FROM AUTHOR]

Enforcement of law is at the core of the President's constitutional duty to "take Care" that the laws are faithfully executed, and it is a primary mechanism for effecting national regulatory policy. Yet questions about how presidents oversee agency enforcement activity have received surprisingly little scholarly attention. This Article provides a positive account of the President's role in administrative enforcement, explores why presidential enforcement has taken the shape it has, and examines the bounds of the President's enforcement power. It demonstrates that presidential involvement in agency enforcement, though extensive, has been ad hoc, crisis-driven, and frequently opaque. The Article thus reveals the need for institutional design reforms--namely more coordination across agencies and greater disclosure of enforcement policy. The seeds for such reforms can be found in several recent efforts that have yet to be made systematic. Concerns about politicization of law enforcement should not override the considerable benefits that would derive. Rather, by acknowledging the President's role in, and responsibility for, enforcement, we can better ensure the structure and transparency that promote appropriate presidential influence. [ABSTRACT FROM AUTHOR]

The article discusses U.S. presidential recess appointments to government office without the U.S. Senate's approval from the 1690s through the early 2010s, through examining the U.S. Constitution's Recess Appointments Clause and constitutional law. The relationship between U.S. executive power and the Recess Appointments Clause, including U.S. President Barack Obama's recess appointments, is discussed. The Recess Appointment Clause's granting the U.S. Senate the legislative power to advise the president is also discussed.

How did the signing statements of the modern presidency before Watergate shape the development of the tool and contribute to its institutionalization? A content analysis of the 626 signing statements from 1933 to 1974 shows that the Eisenhower, Johnson, and Nixon administrations set important precedents for the modern constitutional use of the tool by protecting the institution from legislative vetoes and perceived encroachments in regard to foreign affairs and executive privilege. The results reveal that the constitutional logic required for the growth of challenges is rooted in this era and that Watergate served to amplify a trend that was already in motion. [ABSTRACT FROM AUTHOR]