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> Because the whole point of laws is that they are not merely the whims of whoever currently sits on the throne. That views laws as self-executing abstractions
by rayiner 1y ago
> Because the whole point of laws is that they are not merely the whims of whoever currently sits on the throne.
That views laws as self-executing abstractions, which they are not. Laws necessarily are enforced by people. For that reason, in the U.S., law enforcement is typically assigned to elected officers and their delegates. From the beginning of the republic, enforcement of federal law has been a political activity: https://www.bu.edu/bulawreview/files/2017/04/MARKOWITZ.pdf https://www.bu.edu/bulawreview/files/2017/04/MARKOWITZ.pdf
“While there was no direct conversation about the general power of prosecutorial discretion in the record of the framing of the Constitution, prosecutorial discretion was an uncontroversial power of the President from the start. President George Washington personally directed that numerous criminal and civil prosecutions be initiated and that others be halted. It has been observed that President Washington’s control over ‘prosecutions was wide-
ranging, largely uncontested by Congress, and acknowledged—even expected—by the Supreme Court.’ In the earliest days of the Union, future Chief Justice
John Marshall had the opportunity to opine on the nature of the President’s
prosecutorial discretion authority in discussing the decision of the President to
interrupt a prosecution of an individual accused of murder on board a British vessel and to instead deliver that person to British authorities. On the floor of Congress, then-Representative Marshall described the President’s prosecutorial discretion power as ‘an indubitable and a Constitutional power’ which
permitted him alone to determine the ‘will of the nation’ in making decisions about when to pursue and when to forego prosecutions.”
- jjk166 1y ago> That views laws as self-executing abstractions, which they are not. Laws necessarily are enforced by people. No it doesn't. The laws are statements of what people in power will do under particular circumstances. This view only makes sense if people are executing the laws. The moment you stop executing the laws, suddenly you don't have laws. Prosecutorial discretion is another beast entirely. Considering circumstances on a case by case basis is necessary for functional justice, as lawmakers can not possibly foresee all circumstances and even if they could the enforcers of laws have practical limits. A cop letting you off with a warning for speeding is discretion. It is not permission for you or anyone else to ignore the speed limit in the future. The law is still there, and you should expect to suffer the consequences if you break it. We don't need laws when they ask us to do something we'd want to do anyways. Laws exist for the sole purpose of getting people to do the things they would rather not do, or to prevent them from doing things they would prefer to do. If the law can be violated when it is convenient for the lawmaker, you do not live in a nation of laws.