3 ms·
Sadly the division responsibility of the government branches do not match what you are taught in 6th grade government class. The overwhelmingly VAST majority o
by fitblipper 6y ago
Sadly the division responsibility of the government branches do not match what you are taught in 6th grade government class. The overwhelmingly VAST majority of laws are passed by the executive branch. The common law system uses judicial precedence to determine how to rule in cases which can also be considered establishing law.
The legislative branch has the purse strings and motivation to not take a hard stance for or against any piece of legislation.
- JumpCrisscross 6y ago> VAST majority of laws are passed by the executive branch Through delegated lawmaking. When agencies overstep those boundaries, the courts have been more than happy to strike them down. And to be fair, my statement should have included the executive. It should not include the judiciary, who have a more limited--albeit equally powerful--role in our government.
- zamfi 6y agoHistorically in the US, the judiciary has interpreted laws, and those interpretations are codified as case law and create precedents that bind future court actions in many, if not most, cases. We could argue about scope, but we can’t really argue about whether the power exists. And that’s to say nothing of SCOTUS, which gets to interpret complex notions like “freedom”, “liberty”, “search”, “privacy” and so forth as used in the constitution, laws passed by congress, etc.
- JumpCrisscross 6y agoCorrect, common law courts make law. That doesn't mean they decide if a thing is right or just or moral or okay. Coloring within the lines versus drawing new ones. The boundary is blurry. But blurry doesn't mean nonexistent.