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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A Rough Guide to Amicus Briefs In the Travel Ban Cases

4/24/17  //  Latest Developments

Take Care offers a quick, rough breakdown of the amicus briefs filed last week concerning President Trump's revised executive order.

Take Care

CREW’s New and Improved Legal Complaint Against Trump

4/24/17  //  Commentary

Matthew Stephenson (Harvard Law School) analyzes CREW's emoluments clause lawsuit against President Trump, discussing the recent addition of two plaintiffs and the likely course ahead.

Take Care

Announcing Our New Podcast: "Versus Trump"

4/20/17  //  Latest Developments

Take Care is pleased to announce the release of "Versus Trump," a new, affiliated podcast about the ways that the Trump Administration is breaking the law—and what people are doing about it.

Take Care

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

DHS is arresting immigrants at local courthouses. President Trump's proposed wall is no longer looking like a certainty.

Take Care

Goodbye, U.S. Senate?

4/7/17  //  Quick Reactions

Abbe Gluck explains that the Republicans’ win-at-all-costs strategy will almost certainly lead next to the end of the filibuster for legislation, not just nominations, which would fundamentally change the culture of the Senate and be a tragic loss for our democracy.

Take Care

The Draft Religious Liberty EO

3/27/17  //  Daily Update

A leaked draft of the Administration's proposed executive order on religious liberty.

Take Care

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

As the President and Speaker attempted unsuccessfully to glue together a coalition to pass their Affordable Care Act (ACA) replacement plan, Take Care contributors examined its constitutionality in reference to arguments made against the ACA and looked at the consequences of the administration’s indecision on health policy.

Take Care

Is The GOP ACA Repealer Unconstitutional on Federalism Grounds?

3/24/17  //  Commentary

Abbe Gluck explains that, ironically, the GOP proposal to repeal the Affordable Care Act in the name of returning authority over health care to the states has potentially serious constitutional issues on federalism grounds.

Take Care

Why California Stands in the Way of Trump's EPA

3/24/17  //  Commentary

President Trump recently announced that EPA will reconsider fuel efficiency standards. But so long as California remains free to set its own, more protective standard, Trump's decision may not matter very much. And the law is squarely on California's side.

Take Care