Why Is There Discretion In Carrying Out Federal Law
Expressed within the US Constitution is Congress' authority to write laws, while the Executive Branch is firmly restricted to enacting the laws. However, in 200 years' time, Executive power has consistently enacted arbitrary laws, and governed with unconstitutional agencies and czars. Greg Abbott's proposed Constitutional amendments recalibrate federal power by banning the executive branch from writing laws. The history of executive overreach is long and illustrious.
The Legislative branch and the Executive branch are given their own individual jobs. They may be able to do what they are given, but if they do something illegal, the judicial branch comes in. This is seen in document 3, it demonstrates checks and balances. The legislative lions and Executive Eagles show how the
Mary Louise Roberts in “The Price of Discretion: Prostitution, Venereal Disease, and the American Military in France, 1944-1946” discusses what American GIs did in France with regard to sexual relations, and Roberts criticizes American hypocrisy by having self-contradictory (double-standard) attitudes toward sex. Jeffrey Burds in “Sexual Violence in Europe in World War II, 1939-1945” points out the sexual brutality during World War II conducted by both German Soldiers and Soviet Soldiers. Roberts discusses the relationship among prostitution, venereal diseases, and the U.S. army in France. U.S. officials believed that sex with other men other than the Americans contributed to the spread of VD, and sought to control the men with whom the women in the brothel had sex.
One of these methods is “power of the purse”, or Congress’s ability to control the flow of money to a federal bureau. This allows Congress to control the productivity of specific branches of the federal bureaucracy, as well as its existence. If Congress does not approve of a bureau’s management, it can cut its funding, effectively causing the bureau to adhere more to Congress’s will. Just like Congress can cut funding to a branch of the federal bureaucracy, it can also increase funding, if it approves of what the bureau is achieving. This power illustrates Congress’s ability to control how individual bureaus conduct their
Regulating the branches of government is crucial to the success of our country, so the constitution laid out the concept of “checks and balances”. For example, the president can veto any bill passed by legislature. In this case, the executive branch checks the legislative branch of government. If this wasn’t possible, congress could pass any bill they want, and ultimately become a powerhouse. These guidelines help keep the government intact, and in turn keep the constitution intact.
Over the years the process of rule-making has changed dramatically. The Federal Bureaucracy has gotten bigger and has
o The president often uses this as a way to organize his own agenda and plans to determine if it is worth the time proposing to Congress. o However, it is important to remember that many of these organizations are required for approval because the Constitution says so.
In addition, the executive branch was responsible for enforcing or vetoing laws passed by Congress (in addition to its other powers). As for the judiciary, it is responsible for interpreting federal laws and the constitution and for overseeing the decisions made by the federal and state courts. Before when it was unable to address economic and boundary disputes, the judiciary under the constitution was able to address a wide range conflicts. Above all, these three branches of government share equal power to prevent one form of government from becoming too
The Constitution clearly makes the Congress the most powerful of the three branches of government. Depending on the circumstances, however, the President might have more influence on Congress than one would think based on the separation of powers outlined in the
Legislatures have very broad discretion to create and pass laws that prohibit, regulate, and encourage a wide variety of activities. In Article I, Section 8, ofthe U.S. Constitution, Congress is empowered to "make all Laws which shall be necessary and proper" for carrying out its enumerated powers. Most state legislatures are empowered by similar language from their state constitution. An example of a proper exercise of legislative discretion is to make Stalking a crime and to make that crime punishable by fines or imprisonment.
When the three branches of government were created a system of “check and balances” was built into the Constitution in order to keep one branch of government from becoming too large and too powerful. Actions that are taken by one branch of government affect the other branches, thereby introducing “oversight”. The intelligence community has both internal and external oversight. The internal oversight comes from the CIA Inspector General that is embedded within the intelligence community. The external oversight comes from both the executive and legislative branches of the government.
For an example, if there is a community that has a plant near their neighborhood and they are polluting their water supply. Homeowners will notice that their water supply are polluted with the plant’s chemical. They will most likely take this up with their elected officials. Then congress gets an issue that a plant is polluting into a water supply and the people would like this business to fix this problem. Now congress has to decide if they should or should not regulate
Bureaucracy, Almost everyone deals with bureaucracy every day in one way or another and even if you do not personally deal with a bureaucratic official today your activities are being monitored by a bureaucratic system somewhere, but despite the fact, most people still have very little knowledge of how it works and its significance. To understand bureaucracy more it is a collection or group of official who engage in administrative and policy making duties. It is a system of government or business that has many complicated rules and ways of doing things. Bureaucracy can be considered to be a particular case of rationalization, or rationalization applied to human organization. . It’s difficult for students to engage into this topic, because they are actually living inside a bureaucracy.
Limited Government is important because it keeps the Government in check. Without Limited Government the politicians will walk all over us. There is a reason why checks and balanced. The three separate branches of government are there to keep politicians from abusing their power.
Government intervention in private affairs refers to regulatory actions taken by a government in order to affect or interfere with decisions made by individuals. First of all, I agree with the statement that government intervention in private affairs is always undesirable. Firstly, many consider it as an intrusion into personal choice as the government tries to intervene into private affairs. Besides that, people consider it to be a human rights violation. However, there are still positive sides to government intervention and this essay aims to examine whether government intervention in private affairs is always undesirable.
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