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"But why does this have to be ensured through the action of the Congress? If the misdoing was the Government's, it is up to the courts of law to absolve the pri
by DigitalJack 13y ago
"But why does this have to be ensured through the action of the Congress? If the misdoing was the Government's, it is up to the courts of law to absolve the private actor of guilt."
Courts don't absolve anyone of guilt. They merely determine if a law has been broken. It is congress that makes law, so it is up to congress to construe the law such that the private actor has not broken anything.
- weland 13y agoBut does this not open the way for arbitrariness? At this rate, given enough support in the congress, the executive power can pretty much do anything -- the congress will just decriminalize it afterwards. Edit: What I meant in previous post was that a court of law has the possibility of absolving private actors or responsibility, the same way they do with someone who has committed an illegal action under blackmail: they are still guilty of having broken a law, but there are obvious reasons why they should not suffer the full penalty of it (or any penalty at all), and legal action moves against the blackmailer.