SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Formerly About Advanced Micro Devices
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: tejek who wrote (304070)9/29/2006 6:05:07 PM
From: TimF  Read Replies (1) of 1570952
 
Its simply impossible for the executive branch to function and remain within its constitutional limits without interpreting the constitution.

I suppose it could ignore the constitution but feel bound by statue law and judicial decisions, but a lot of unconstitutional actions would happen before either the legislature or the executive could rectify the situation, and in a number of cases the actions would never be rectified.

The president couldn't exercise his legitimate powers without having an opinion of what those powers are. The Supreme Court has final say, but the supreme court, or even the lower courts are never consulted on most issues, and do not issue guidance before a decision. They only accept cases challenging laws or government actions. So the president doesn't and can't go to the USSC every time he wonders if he has the constitutional authority to take a certain action. The court only settles disputes after they arise, but the disputes typically happen after an executive or legislative decision. The only way for the government to function would be either to ignore the constitution, and just do whatever they want until the supreme court tells them they can't, which would be far from ideal, or to have the supreme court make the policy decisions, which would be ridiculous.
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  

HomeMailHotSubjectMarksPeopleMarksKeepersSettings
Terms Of UseContact UsCopyright/IP PolicyPrivacy PolicyAbout UsFAQAdvertise on SI
© 2025 Knight Sac Media.  Data provided by Twelve Data, Alpha Vantage, and CityFALCON News