"This is the fourth episode of our ongoing series breaking down the U.S. Constitution. Together, they unpack the intentionally vague language of Article II, including the president's authority over the executive branch, the Take Care Clause, and the shifting nature of presidential power in practice. They also explore how executive discretion really works inside massive federal departments and how norms, not just constitutional text, shape the operation of government."
"Janet Napolitano is the Founder and Faculty Director of the Institute for Security and Governance at UC Berkeley. She served as U.S. Secretary of Homeland Security from 2009 to 2013, where she spearheaded the Deferred Action for Childhood Arrivals (DACA) initiative and created TSA PreCheck. Before joining the Obama administration, Napolitano was Governor of Arizona, Attorney General of Arizona, and U.S. Attorney for the District of Arizona. She later served as President of the University of California from 2013 to 2020."
Article II establishes the executive branch with intentionally vague language about presidential authority and the Take Care Clause. Presidential power shifts in practice and often depends on how executive discretion functions inside large federal departments. Institutional norms, administrative structures, and internal governance shape how constitutional provisions operate in daily government. Legal text sets a framework, but implementation relies on bureaucratic processes, leadership choices, and precedent. War powers and emergency actions illustrate tensions between broad constitutional grants and practical, departmental constraints on executive action.
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