THE EXECUTIVE BRANCH ENFORCES THE CONSTITUTION

The Enforcement of Constitutional Amendments by the Executive Branch and the Role of Stare Decisis

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Issue:

Whether all Constitutional amendments are laws that the Executive Branch of the United States is obligated to enforce, and whether the principle of stare decisis supports the proposition that the Executive Branch has implemented all amendments as a matter of precedent.

Short Answer:

Yes, all Constitutional amendments are part of the supreme law of the United States and are enforced by the Executive Branch. The principle of stare decisis supports this enforcement, as historically, amendments have been implemented through executive action, guided by judicial interpretations that reinforce their applicability as law.

Discussion:

1. Constitutional Amendments as Law:

Once ratified, constitutional amendments become an integral part of the Constitution. Article VI, Clause 2, of the U.S. Constitution, known as the Supremacy Clause, states that the Constitution, including its amendments, is the "supreme Law of the Land." This clause mandates that all branches of government, including the Executive branch, are bound by the Constitution and its amendments.

The Supreme Court has consistently recognized that amendments are laws that carry the same authority as the original text of the Constitution. For instance, in Dillon v. Gloss, 256 U.S. 368 (1921), the Court stated, "A constitutional amendment...is part of the Constitution and hence a part of the supreme law of the land." This unequivocally confirms that amendments hold the same enforceable power as any other constitutional provision.

2. The Role of the Executive Branch in Enforcing Constitutional Amendments:

Under Article II, Section 3 of the Constitution, the Executive Branch has the duty to "take Care that the Laws be faithfully executed." This duty encompasses not only federal statutes but also Constitutional amendments. Historical precedent shows that the Executive Branch has implemented amendments, such as the enforcement of the 13th Amendment (abolishing slavery) through presidential proclamations and executive orders and the enforcement of civil rights provisions under the 14th and 15th Amendments.

For example, in Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), the court addressed executive power and affirmed the President's duty to execute laws, including constitutional mandates. Although the case limited executive power when it overstepped legislative authority, it reaffirmed that the Executive must enforce the law as established by the Constitution, including its amendments.

3. Stare Decisis and the Enforcement of Amendments:

Stare decisis, the doctrine that courts should follow precedent, supports the executive branch's consistent enforcement of Constitutional amendments. The Supreme Court has repeatedly upheld the principle that once a constitutional issue has been decided, it is binding on all subsequent cases involving the same issue.

In Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), Chief Justice John Marshall established the precedent of judicial review, confirming that the Constitution, including its amendments, is a binding law. This precedent has been followed in numerous cases where the Court has interpreted amendments as enforceable laws, such as Brown v. Board of Education, 347 U.S. 483 (1954), where the Court's decision to enforce the 14th Amendment's Equal Protection Clause led to executive actions to desegregate schools.

Additionally, in Katzenbach v. Morgan, 384 U.S. 641 (1966), the Supreme Court upheld the enforcement of the Voting Rights Act, which was based on the 14th and 15th Amendments. The court stated that Congress and the Executive have the authority to enforce constitutional provisions, thus reinforcing the precedent that the Executive must enforce amendments as law.

4. Case Law Supporting Executive Enforcement:
• U.S. v. Nixon, 418 U.S. 683 (1974): The Court held that the President is not above the law and must comply with judicial processes, reinforcing that the Executive is bound to enforce the law as interpreted by the judiciary, including constitutional amendments.
• Cooper v. Aaron, 358 U.S. 1 (1958): The Court reaffirmed that the Constitution is the supreme law of the land, and its interpretation by the Supreme Court is binding on all states and branches of government, including the Executive.

Conclusion:

Constitutional amendments are laws that the Executive Branch is required to enforce under the Constitution. The doctrine of stare decisis provides strong support for this enforcement, as historical precedents consistently show that the Executive Branch has implemented amendments. This enforcement is grounded in the Supremacy Clause and the constitutional duty of the Executive to ensure that the laws, including amendments, are faithfully executed. Cases such as Dillon v. Gloss, Youngstown Sheet & Tube Co. v. Sawyer, and Cooper v. Aaron underscore the principle that all amendments are binding laws enforceable by the Executive Branch.

William James Spriggs