The only power, therefore, which the president
possesses, where the “life, liberty or property” of a private citizen is
concerned, is the power and duty prescribed in the third section of the second
article, which requires “that he shall take care that the laws shall be
faithfully executed.” He is not authorized to execute them himself,
or through agents or officers, civil or military, appointed by himself,
but he is to take care that they be faithfully carried into execution, as they
are expounded and adjudged by the co-ordinate branch of the government to which
that duty is assigned by the constitution. It is thus made his
duty to come in aid of the judicial authority, if it shall be resisted by a
force too strong to be overcome without the assistance of the executive arm;
but in exercising this power he acts in subordination to judicial authority,
assisting it to execute its process and enforce its judgments.
Ex parte Merryman, 17 F. Cas. 144, 149 (C.C.D. Md. 1861) (No. 9487) (Taney, C.J.) (bold & underscore added).
Citation: Seth Barrett Tillman, Chief Justice Taney on the Take Care Clause, New Reform Club (Mar. 15, 2017, 12:35 PM). [here]
Citation: Seth Barrett Tillman, Chief Justice Taney on the Take Care Clause, New Reform Club (Mar. 15, 2017, 12:35 PM). [here]
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