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> But what if the court were being intentionally obtuse and kept interpreting laws in face of the facts and the intent of congress? This would apply for whiche
by learnstats2 6y ago
> But what if the court were being intentionally obtuse and kept interpreting laws in face of the facts and the intent of congress?
This would apply for whichever organisation is responsible for interpreting the existing law: there has to be some such organisation, with significant political power: especially where this power is centralised as in the US Supreme Court, rather than distributed.
Giving the executive this power, of unlimited re-interpretation the words of its previous incarnations, seems unwise and worse. Should congress be able to say about the negotations of its predecessors, "ah, in retrospect the previous session didn't mean it like that"?
This is recognised as judicial independence: https://en.wikipedia.org/wiki/Judicial_independence#Theory_of_judicial_independence https://en.wikipedia.org/wiki/Judicial_independence#Theory_o...
- pdonis 6y ago> Giving the executive this power I think you mean the legislative branch, since you say "Congress". Although the way most "law" is made now, Congress delegates so much of the details to executive agencies that the executive arguably does have the de facto power to re-interpret the laws passed by Congress.
- learnstats2 6y agoThanks for the correction :)