Word Of The Day

Protean:

(Adjective)

  1. : of or resembling Proteus in having a varied nature or ability to assume different forms
  2. : displaying great diversity or variety : VERSATILE [Merriam-Webster]

Noted in “Robert Mueller’s Take Care Clause,” Quinta Jurecic, Lawfare:

The Take Care Clause plays a central role in Mueller’s constitutional argument. Jack Goldsmith and John Manning have studied the “protean” nature of the clause and the many contradictory interpretations that courts have adopted; here, Mueller’s analysis has some resemblance to the understanding set out by Andrew Kent, Ethan Leib and Jed Shugerman, who argue that the Take Care Clause imposes a “duty of fidelity” on the president. Mueller does adhere to well-established readings of the clause as empowering the president to exercise prosecutorial discretion and to remove officers. But he also reads it as constraining presidential action, writing that “the concept of ‘faithful execution’ connotes the use of power in the interest of the public, not in the office-holder’s personal interests.” The duty to “take care” can also be, as Kent, Leib and Shugerman write, a limitation on discretion.

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About Hue White

Former BBS operator; software engineer; cat lackey.

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