4 ms·
If the law is ambiguous and the executive interprets it in a way that is outside of Congress' intent, surely Congress could also clarify that law. One could jus
by plorg 2y ago
If the law is ambiguous and the executive interprets it in a way that is outside of Congress' intent, surely Congress could also clarify that law. One could just as (or more) easily assume that it is not the judiciary's role to tell the executive what Congress wanted, considering that Congress is right there to do it with their own voice. The judiciary would come in if Congress thought the executive was doing something outside of their intent.
What this position is really saying is that if Congress leaves something underdetermined the executive must defer to the judiciary in order to understand their own rulemaking.
I agree with you that the real problem here is a schlerotic political system, but in that context SCOTUS is actually making it worse by inserting itself unnecessarily into the process.
- AnthonyMouse 2y agoThe executive isn't supposed to be making rules at all. Congress makes the rules, courts interpret them. The executive branch is the prosecutor's office; they don't get to decide what things are crimes.