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Congress makes the laws, the Executive enforces them, SCOTUS determines their Constitutionality. So in fact, one check that the Executive can have on the Legisl
by themartorana 12y ago
Congress makes the laws, the Executive enforces them, SCOTUS determines their Constitutionality. So in fact, one check that the Executive can have on the Legislative is in not enforcing laws.
- ams6110 12y agoThere is an obligation on the part of the executive to enforce the laws passed by congress. The constitution requires that he "take care that the laws be faithfully executed." Clearly there's some room for prioritization and allocation of scarce resources but he can't just ignore them. The Executive's check on the legislative branch is the veto power.
- pmoriarty 12y agoThere are at least two was to interpret that phrase: 1 - he must take care that when the laws are executed, they are done so faithfully. 2 - he must execute all the laws, and do so faithfully. The first of these interpretations does not require that every law be executed.
- dllthomas 12y ago"The Executive's check on the legislative branch is the veto power." The President also has the "power to grant reprieves and pardons for offenses against the United States". Choosing not to enforce something is in fact a weaker exercise of power than pardon, as it preserves the ability of future administrations to prosecute current infractions.
- smsm42 12y agoThere is a concept of prosecutorial discretion, and the current administration is not shy at all of using it.