Isn’t that the whole definition of “executive branch”? They are given (by we the people) the power to choose how to execute the laws. And we elect them.
The alternatives I can think of are for laws to be executed at the whim of an algorithm, a king, a more local executive like the governors of each state, or a more distant foreign executive like the UN
No, the executive branch has a responsibility to execute the law. It's not a privilege. We elected them to perform a duty on our behalf. Do you understand the difference?
Article 2, Section 3 of the US Constitution: "[The President] shall take Care that the Laws be faithfully executed"
The judiciary doesn't have discretion as in it has been "granted" discretion. It de facto has a high degree of discretion because the act of judging a case necessarily entails a judgment of the laws.
Judicial review is a functional necessity. It's a necessary downstream consequence of simply having a Constitution as the supreme law.
The analog to the executive is that the executive naturally has finite resources to enforce law, and so as a matter of functional necessity it has some degree of discretion. That is not discretion to say "I disagree with this law and so am choosing not to enforce it," but the discretion to say "there are other priorities that are more important."
I was thinking about it more like if cops didn't have discretion, they would have to arrest for every minor offense and let the courts sort it out. After more reading it seems there are differing interpretations of the "Take Care" clause. Thank you for taking the time to explain.
> Beyond these constraints, the Clause raises several vexing questions. For instance, must the President enforce those laws she believes are unconstitutional? Some scholars argue that Presidents must enforce all congressional laws, without regard to his or her own constitutional opinions. Yet modern Presidents occasionally exercise a power to ignore such enactments on the grounds they are not true “laws” subject to the faithful execution duty. In so doing, they somewhat mimic the arguments and practice of President Thomas Jefferson, who refused to enforce the Sedition Act on the grounds that it was unconstitutional.
The executive only has discretion if the law says they do. If the law says they must or shall do something, they must do that thing. If it says they MAY do something or otherwise explicitly gives them discretion in making a decision, then yeah, they have that discretion
But it's not a given that they can just decide what laws they will or will not enforce or follow
Expanded rights for some at the direct expense of others. That's not the same as simply expanding rights, unless you count other people being 'offended' in the same category as someone being physically assaulted or killed.
> That's not the same as simply expanding rights, unless you count other people being 'offended' in the same category as someone being physically assaulted or killed.
Yes, they are the same category.
In US$10,000 property damage, nobody is physically harmed.
Here’s another example, expanded rights:
Anyone holding a 401k, IRA, or pension can purchase single family homes and apartments inside the account, and pay zero capital gains tax and zero rental income tax.
We expanded rights!
Take a guess what this does to the homeless population.
> Anyone holding a 401k, IRA, or pension can purchase single family homes and apartments inside the account, and pay zero capital gains tax and zero rental income tax.
I am not sure on pensions, but this is not true for a 401k. Only an IRA can be used without paying capital gains taxes for a home purchase. Including first time home buyers. Speaking from experience, I learned the hard way the benefit you are describing applies only to an IRA.
To be clear, you are saying that theft of <10k is not a crime..? If you steal an iPad in an airport, you are charged with theft. I don't know where you got that idea. People are charged with theft for much less than 10k daily.
Honoring it, no doubt, by restricting firearms to duly registered militia personnel as written in the plain text for all to see? What about the 14th Amendment section 3, also written plainly?
