The Constitution declares: “The executive power shall be vested in a
President of the United States of America,” and this is followed by a
recital of the specific and distinctly declared duties with which he is
charged, and the powers with which he is invested. The members of the
convention were not willing, however, that the executive power which
they had vested in the President should be cramped and embarrassed by
any implication that a specific statement of certain granted powers and
duties excluded all other executive functions; nor were they apparently
willing that the claim of such exclusion should have countenance in the
strict meaning which might be given to the words “executive power.”
Therefore we find that the Constitution supplements a recital of the
specific powers and duties of the President with this impressive and
conclusive additional requirement: “He shall take care that the laws be
faithfully executed.” This I conceive to be equivalent to a grant of
all the power necessary to the performance of his duty in the faithful
execution of the laws.
The form of Constitution first proposed to the convention provided that
the President elect, before entering upon the duties of his office,
should take an oath, simply declaring: “I will faithfully execute the
office of President of the United States.” To this brief and very
general obligation there were added by the convention the following
words: “and will to the best of my judgment and power preserve,
protect, and defend the Constitution of the United States.” Finally,
the “Committee on Style,” appointed by the convention, apparently to
arrange the order of the provisions agreed upon, and to suggest the
language in which they would be best expressed, reported in favor of an
oath in these terms: “I will faithfully execute the office of President
of the United States, and will to the best of my ability preserve,
protect, and defend the Constitution of the United States”; and this
form was adopted by the convention without discussion, and continues to
this day as the form of obligation which binds the conscience of every
incumbent of our Chief Magistracy.
Public-domain text, read in full here on John Shaqi.
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