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Theses and Dissertations

Lehigh University

American Politics

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Trump’S Presidency And Executive Encroachment Through Inaction, Cynthia Botello Jan 2018

Trump’S Presidency And Executive Encroachment Through Inaction, Cynthia Botello

Theses and Dissertations

Scholarly research on the executive usurpation of legislative power often focuses on Presidents and executive branch officials acting beyond their statutory authority through executive action. I believe it is likewise important, however, to address how Presidents have acted unconstitutionally through the under-enforcement of policies. In this paper, I investigate and analyze the encroachment on legislative power through executive refusal to defend, enforce, or implement the law, with specific focus on the presidency of Donald Trump. The Take-Care Clause is recognized as a guard against the suspension and dispensation of Congressional Acts by requiring the President to execute all constitutionally valid ...