| > Same thing that happens most of the time now. They serve their sentence unjustly. Shouldn't we be making problems better instead of worse? > If it’s a serious issue, the Congress can act. Does Congress have the authority to pardon someone? Also, do you really expect that to happen even if they could? Congress can't agree on anything by design. > This is a unitary-executive thing. Prosecutorial discretion is unrelated. They're pretty related. Prosecutorial discretion is Congress passing a law and the executive deciding not to enforce it. How different is it to Congress passing a law and the executive deciding not to implement it? It's the check provided by the other elected branch. The ability to say no. > Lots of thought has gone into this. One can write it competently. At the very least, the First Amendment would still stand. It's not a drafting issue. If someone can buy a TV network or a website with a lot of readers and then use it to say what they want, money buys speech. If someone with access to an audience can't say what they want, you don't have a First Amendment anymore, because having an audience is a prerequisite to exercising speech which is imposed by reality rather than the law, and there is no way to get one without spending money or money-equivalents like labor/time. The concepts are directly in opposition. The government can't simultaneously regulate speech and not at the same time. > They’re not! SCOTUS just confirmed this for the Fed. And that decision was a little nuts. So if the public wants the Fed chair out, there is no practical democratic process that can do it? > We have a mishmash of authorities, with the Congress clearly wanting some agencies to retain some independence. Which is a violation of checks and balances. It's Congress setting something up and trying to tell the other branches they can't stop it. That shouldn't happen, and the existing instances of it happening are also bad. There are times when you want Congress to act as a check on the President, but there are also times when you want the President to act as a check on Congress. |