3 ms·
Well, it's really pretty simple. The way the US government is supposed to work, courts adjudicate, legislature makes the rules and the executive enforces them.
by friend_and_foe 3y ago
Well, it's really pretty simple. The way the US government is supposed to work, courts adjudicate, legislature makes the rules and the executive enforces them. All this hand wringing is about returning to that. The legislature cannot create an executive department that is able to create what amount to laws, execute them and adjudicate them. You can have an SEC; it can only enforce laws passed by Congress and if you dispute it goes to a federal court. That's how it's supposed to work.
- tptacek 3y agoThat's clearly not the case; for instance, Congress has created Article I courts since the dawn of the republic.
- friend_and_foe 3y agoCongress can create courts, I'm not sure what point you're making. The president can veto also and congress can impeach, they each have a power over the other branch but that doesn't mean they can delegate the duties of each branch how they please.
- tptacek 3y agoArticle I courts are courts that aren't run by the Judiciary Branch.
- friend_and_foe 3y agoThey are subject to review of article 3 courts though, and limited in their purview. And we aren't talking about them, we are talking about executive departments adjudicating their own cases.
- tptacek 3y agoSo are ALJs.