Helpful Questions On Efficient Strategies
Since the attorney general is constitutionally removable at will, he can’t help but think about what his boss wants done. And yet there is another legal command on the AG that is rarely appreciated: officers of the federal government are bound by oath. Here is the text of the oath (italics added) that Sessions had to take: I, Jeff Sessions, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. The source of these duties is not merely the oath, either. Sessions’ solemn promise reflects a deeper constitutional commitment: to pursue only the public interest, not private interests. The Constitution commands the president to “take care that the laws be faithfully executed” and to take a specific oath “to faithfully execute” the office. As we’ve described in the Washington Post, the Framers drew the phrase “faithfully execute” from fiduciary instruments (like trusts) and colonial charters, which imposed duties of loyalty, care, good faith, and integrity against self-dealing and corruption. Trump is obligated to follow the same duties and take care that his administration does, too. The clause (“take care that the laws be faithfully executed”) means a president’s delegates inherit those same duties. So when the president delegates executive power to his Cabinet members, that delegation means that the Cabinet officials have legal duties of faith and faithfulness to pursue the public interest rather than the narrow self-interest of their boss. The highest members of Trump’s Cabinet are constrained by this system of fiduciary government that scholars on the left and right agree was contemplated by the Framers. That is why there is so much language about “trust” and “faith” in the document itself.
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