Commentary Critics of President Joe Biden’s non-defense of the southern border have emphasized his constitutional duty to “take Care that the Laws be faithfully executed” (U.S. Constitution, Article II, Section 3). This is a good point, but it has some weaknesses. The duty to “take Care” is inherently discretionary, rendering it unlikely that the courts would enforce it. Almost certainly, a “take Care” lawsuit would be held not justiciable. Some have suggested impeachment for failure to “take Care,” but this wouldn’t work, either. Remember that a linchpin of President Donald J. Trump’s successful impeachment defense was that conviction requires proof of a serious crime. Any Republican efforts to backpedal from that position would be met with public derision. Moreover, that position is the correct one. The Constitution’s grounds for impeachment are “Treason, Bribery, or other high Crimes and [high] Misdemeanors” (Article II, Section 4). The first three are all serious …