To: Neeka who wrote (491214 ) 6/16/2012 2:44:52 PM From: Bearcatbob 1 Recommendation Respond to Clause 4: Caring for the faithful execution of the lawThe President must "take care that the laws be faithfully executed." Some Presidents have claimed the authority under this provision to impound money appropriated by Congress. President Jefferson, for example, delayed the expenditure of money appropriated for the purchase of gunboats for over a year. President Franklin D. Roosevelt and his successors sometimes refused outright to expend appropriated money. The Supreme Court, however, has held that impoundments without Congressional authorization are unconstitutional.writ of habeas corpus [ citation needed ]. Article One provides that the privilege may not be suspended save during times of rebellion or invasion, but it does not specify who may suspend the privilege. Congress, the Supreme Court has ruled, may suspend the privilege if it deems it necessary. During the Civil War , President Abraham Lincoln suspended the privilege, but, due to the vehement opposition he faced, obtained congressional authorization for the same.[ citation needed ] Since then, the privilege of the writ has only been suspended upon the express authorization of Congress. Mississippi v. Johnson , 71 U.S. 475 (1867), the Supreme Court ruled that the judiciary may not restrain the President in the execution of laws. In the case, the Supreme Court refused to entertain a request for an injunction preventing President Andrew Johnson from executing the Reconstruction Acts , which were claimed to be unconstitutional. The Court found that "[t]he Congress is the legislative department of the government; the President is the executive department. Neither can be restrained in its action by the judicial department; though the acts of both, when performed, are, in proper cases, subject to its cognizance." [10] Thus, the courts cannot bar the passage of a law by Congress, though it may strike down such a law as unconstitutional. A similar construction applies to the executive branch.edit ]http://en.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution#Clause_4:_Caring_for_the_faithful_execution_of_the_law
