Gerlach Introduced and Will Testify For Take Care Clause Act

Retiring Rep. Jim Gerlach (R-Chester) will testify in favor of a bill that he has introduced whose purpose is to restore an equal balance of power between the President and Congress.

The bill, entitled Enforce the Take Care Clause Act (H.R. 3857), references the Take Care Clause in Article 2 of the U.S. Constitution. The purpose of this clause is to make sure that the President faithfully executes all laws, even if he does not agree with certain aspects or purposes of them.

Gerlach’s legislation would authorize either the House or the Senate to bring an expedited action before the U.S. District Court for the District of Columbia looking for review and declaratory or injunctive relief. This would only be possible if a resolution passes in either chamber by a 60 percent supermajority and will be used only in the event of a President failing to meet the requirements of the Take Care Clause.