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by infamouscow 492 days ago
The purpose of having an executive branch of government is explicitly to apply the law based on subjective opinions.

There's no purpose of having an executive branch of government separate from the other two branches if not to cushion the inflexible and glacial nature of the other branches of government.
1 comments
mrguyorama 492 days ago
>The purpose of having an executive branch of government is explicitly to apply the law based on subjective opinions.

What? No, the purpose of having a separate executive is separation of powers and checks and balances.

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infamouscow 492 days ago
You haven't explained why there is an executive branch in the first place.

Why does the executive branch exist at all if it's simply to enforce written law?

Why do we elect the executive at all if they are merely to enforce written law?

Why do executives have the power to pardon someone when a court of law finds a person guilty of breaking law?

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Dylan16807 492 days ago
> Why does the executive branch exist at all if it's simply to enforce written law?

Someone has to be in charge of enforcing things.

> Why do we elect the executive at all if they are merely to enforce written law?

Do you have a suggestion of another way to do it that doesn't put congress in charge?

Also the president has some other very important roles.

> Why do executives have the power to pardon someone when a court of law finds a person guilty of breaking law?

That one is definitely subjective by its nature, but also the average number of pardons is around two thousand, a very small fraction of cases.

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mrguyorama 492 days ago
The executive exists to enforce the law the legislature writes primarily to make sure the legislature isn't in charge of enforcing the laws. It's a check on the power of the legislature.

You could still have discretion with the legislature in charge of executing on their own laws. I think countries exist like that, but I don't know enough to say which.

A separate executive is not necessary to have discretion or pardons or flexibility in law. A separate executive is necessary if you want physically different human beings controlling the organizations who enforce the law (DOJ, FBI, etc)

Consider that Judges and the judicial branch of the government ALSO gets to use subjectivity and their own opinion in adjudicating cases. Another check.

The entire point of the Constitution was to put the power of a King in a bunch of different hands, and then tie some of those hands with specific constraints, and then give a couple different options on how to change those constraints over time. Leeway and discretion goes both ways, so Congress does have the ability to further constrain such discretion. A previous president tried to argue he could choose to not spend money congress told him to spend, so they wrote up a bill saying very clearly, Uh, no, if we say spend, you spend. They have that power as a check on the power of the executive. All three branches are ostensibly MEANT to be vying for power. It's an antagonistic system, like the court system. The founders loved that shit. In reality, it probably is a dysfunctional system that modern systems engineers would not like, and other countries get that "system fights and moderates itself" effect by encouraging coalitions between parties in a strong parliament. IMO those have demonstrated better stability. I'm not convinced the US would have survived getting it's whole shit blown up like the UK did.

Checks. And. Balances. 5th grade civics class.

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