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I think replies to this will be one of two: * Legally the executive is not granted this power. * But in practice they are because who's going to make them? T
by Spivak 2y ago
I think replies to this will be one of two:
* Legally the executive is not granted this power.
* But in practice they are because who's going to make them?
The entity responsible for enforcement always has this power. It's why DA races where the platform is essentially law nullification by way of non-enforcement have been happening for some light criminal justice reform that can't get through the legislature.
- lumost 2y agoHistorically it would have been congress or the Supreme Court. The issue is that no one seriously expects them to do anything against trump.
- tsimionescu 2y agoThe executive branch has a clear history of selectively not enforcing laws, so there is clear precedent. The most notable recent example is that the last three presidents have all chosen to not enforce federal law on marijuana in states that have chosen to legalize it.
- _heimdall 2y agoThat is a somewhat different scenario as the battle over marijuana laws would boil down to a state's rights issue. Many states have claimed authority over deciding whether marijuana is legal, effectively claiming that the federal government doesn't have jurisdiction on the issue.
- tsimionescu 2y agoThat doesn't change the fact that the president has instructed the DoJ to not enforce a federal law passed legally by Congress.
- _heimdall 2y agoSure, I'm not arguing that. The context is just different enough to be important in my opinion.