This point, made by @RepRaskin and highlighted by @jentaub in her excellent live-tweet-thread, merits some unpacking for those who are not federal constitutional law experts. Raskin is referencing the “take care” clause in Art. II, sec. 3 of the U.S. Constitution. 1/ https://twitter.com/jentaub/status/1359553992443969541

The “take care” clause is at the very heart of executive power and executive responsibility in U.S. governance. Take care clauses predate the U.S. Constitution, defining executive power in early state constitutions in Pennsylvania and New York. 2/

These clauses assign to the executive the power and duty to faithfully executive the laws of the land. Other branches of government may make and interpret laws but they do not have either the power or the responsibility to execute them according to their letter and spirit. 3/

Presidents and governors often rely on the “take care” clause in the relevant constitutions, fed or state, to justify their power to act. Raskin was emphasizing that heads of executive branches have not only power to implement law but a duty to see that law is implemented. 4/

A President or governor who calls upon people to violate the law or to violently interfere with legally required activities of Congress is transgressing the “take care” clause’s assignment of executive duty. 5/

Faithful execution of the law means, at a bare minimum, abiding by the law and never directing others to flout it. Yet Trump did precisely this. 6/

Trump’s refusal to concede, call to his base to be in DC on Jan. 6, and instruction to the mob to “fight like hell” and go to the Capitol all constitute not just incitement to crime, but a breach of Trump’s constitutionally required duty to take care to faithfully execute law. 7/