Congress passes a new environmental protection law. The President, who had publicly opposed the legislation, signs it into law. A legal challenge ensues, and the Supreme Court ultimately upholds the law's constitutionality. In response, the President issues an executive order to the Environmental Protection Agency (EPA), instructing it to 'use its enforcement discretion to focus on other priorities' to such an extent that the new law is rendered largely unenforced. Is the President's action constitutionally permissible?
Yes, because as head of the executive branch, the President has plenary power over administrative agencies like the EPA.
No, because only Congress has the authority to direct the enforcement priorities of an administrative agency.
No, because the 'Take Care' Clause obligates the President to ensure that laws deemed constitutional are faithfully executed.
Yes, because the President's power as chief executive includes broad discretion on how to allocate enforcement resources.
This action is not constitutionally permissible. The Constitution's 'Take Care' Clause (Article II, Section 3) imposes a duty on the President to 'take Care that the Laws be faithfully executed'. While the executive branch does possess prosecutorial and enforcement discretion, this discretion is not unlimited. It cannot be used to effectively nullify a federal statute, particularly one that the Supreme Court has declared constitutional. The President's instruction to the EPA to render the law unenforced amounts to a violation of the duty to faithfully execute the law. Such an action usurps the legislative power of Congress and disregards the judiciary's role in interpreting the Constitution, thereby violating the principle of separation of powers.
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