Contributors

Take Care

Article II, Section 3 of the U.S. Constitution commands that the President “shall take Care that the Laws be faithfully executed.” Take Care is devoted to insightful, accessible, and timely legal analysis of the President’s adherence to that duty. We undertake this mission in direct response to recent assaults on the rule of law in America by President Donald J. Trump and his Administration.

The Take Care Clause both empowers and restrains the President. It assigns him a privileged role in interpreting and enforcing federal law. But in the same breath, it marks the outer limits of his authority, instructs him to exercise that power faithfully, and binds him to the fundamental premises of our constitutional democracy.

As Justice Robert Jackson taught, the Take Care Clause thus signifies “that ours is a government of laws, not of men, and that we submit ourselves to rulers only if under rules.”

In this spirit, Take Care addresses a wide range of legal questions arising under President Trump. Some of our posts offer focused analysis of particular Trump Administration policies, statements, conduct, or legal positions. Other posts provide broader reflections on whether the President and his Administration are acting in accordance with the rules and values of our constitutional order.

In addition, we have created—and will continue to create—resources useful to lawyers, journalists, policymakers, scholars, and citizens. To start, we offer a daily update, which pulls together legal analyses of the Trump Administration from around the web. We also host ever-growing topic pages, which organize our own commentary and contain archives of other relevant legal analyses. We are hard at work on other exciting projects, which we will unveil in the coming months.

Take Care is a platform for incisive legal analysis of a wide range of issues. Several of us edit posts, though without regard to whether we ultimately agree with them. As we explain here, each contributor speaks only for himself or herself. Whether we agree or disagree with each other on any particular question, though, we stand united in our desire to protect and defend the rule of law in America.

Ultimately, we seek to educate the public about significant legal questions in the Age of Trump. In these extraordinary times, we must all play our part in ensuring the President “shall take Care that the Laws be faithfully executed.”

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The Fourth Circuit & Animus Under Mandel

5/25/17  //  Quick Reactions

By Corey Brettschneider: As the Fourth Circuit recognized today, even if Kleindanst v. Mandel supplies the rule of decision and requires rationality review, animus is fatal to the Muslim Ban even under that standard.

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Policing is Always Political, So Politicians Should Control It

5/24/17  //  In-Depth Analysis

Recent Harvard Law graduate, and soon to be civil rights lawyer, Shakeer Rahman offers some second thoughts about celebrating federal law enforcement’s independence.

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Analysis of Comey, Mueller, Obstruction & Impeachment From Around the Web

5/22/17  //  Uncategorized

Take Care is pleased to offer an organized guide to legal analyses of many rule of law issues that recently have dominated the news.

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The Comey Firing - Legal Analyses From Around the Web

5/15/17  //  Latest Developments

A day-by-day guide to legal analysis of the many questions raised by Trump's abrupt firing of FBI Director James Comey.

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Weekend Updates | Week of May 8, 2017

5/15/17  //  Uncategorized

An easy way to stay up to speed on the issues you care about, or to catch up quickly on a new subject.

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Kris Kobach is a Menace to Democracy. Boycott his Vote-Rigging Commission.

5/11/17  //  Quick Reactions

By Jed Shugerman. Trump is using the Comey firestorm as a smoke screen for a potentially more dangerous move: appointing Kris Kobach vice chair of a new “election integrity” commission, with Mike Pence as chair. Kobach will make it a voter-suppression/vote rigging commission, fomenting anti-immigrant and racist fears.

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Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

Proposed caps on Medicaid and Medicare spending in the new Affordable Care Act replacement bill may cause funding cuts for vital programs for people with disabilities.

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Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

Capital punishment and tension between communities and law enforcement may escalate under President Trumps' Department of Justice.

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Upates | The Week of May 1, 2017

5/7/17  //  Daily Update

President Trump has signed more executive orders in his first 100 days than any president since Harry Truman, but it's uncertain whether he has increased the powers of the presidency.

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Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

The FBI's investigation of Russian Interference in the 2016 Election continues and Director James Comey spoke out on his pre-election disclosures. Michael Flynn's Russian connections continue to haunt the White House.

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Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

In President Trump's First 100 days, the administration has made strides in addressing perceived election concerns. But the President is probably immune to suits arising from his earlier campaign trail behavior.

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Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

President Trump released a new religious freedom executive order to widespread criticism and concern.

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