English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

5 answers

Technically the only branch that can execute any action in accordance with US law is the Executive Branch. Any action that happens would be started by an order being given by someone in the Executive Branch, not the Legislative or Judiciary. The stipulation being "accordance with US law". The law, that all actions have to be in accordance with, was wrttien by and/or made into law by the Legislative Branch [Okay the Executive Branch may submit a bill to the Legislative Branch, but the Legislative has the vote to see if it becomes law.] and has been deemed constitutional by the Judiciary Branch.
So, the Executive can't really just do what it wants, cause the Legislative can:
*say it isn't a lawful action and appeal to the Judiciary to decide if it is or is not
*can re-write the law or make a new law to make that action not allowed.
The Legislative can't do anything cause it has nothing to do it with. It doesn't control the military or any law enforcement personnel, it only controls funding for them :P
The Judiciary doesn't have anything to execute with either.
Any person or agency or entity responsible for seeing that the laws of the land are properly executed and enforced is in the Executive Branch. But, again, the Executive Branch's abilities and actions can be influenced, guided or completely changed by the actions of the other two branches.
This whole convoluted, but very necessary, way things work, even if sometimes inefficiently, is usually referred to as "checks and balances".

2007-08-03 22:48:03 · answer #1 · answered by quntmphys238 6 · 0 0

The executive branch is structured to "execute", to make decisions, get things done, react as needed etc. Along with that responsibility the E.B. gets latitude, "privilege", to keep some sorts of dealings away from public scrutiny. There is a tension between accountability, and action which is navigated by the judicial branch. So, the answer is "whatever the supreme court says the President is"

2016-05-17 22:34:48 · answer #2 · answered by ? 3 · 0 0

Executive Privilege is just that Executive. The Judaical Branch had the power of Judicial Review, and the Legislative has Override.

ie checks and balances

2007-08-03 22:15:41 · answer #3 · answered by Stephen H 2 · 0 0

Yep, they do.

The president has no authority to interview or see records of the staff of any congressmen.

The same with the staffs of USSC Justices.

There was even a huge stink, when the FBI used a search warrant to search the congressional offices of a congressmen. That it might violate the separation of powers.

it just makes common sense, that Congress cannot compel White House Staff to testify before congress.

Otherwise, they could make them show up every day and tell what was discussed in the white house the day before.

Now for criminal matters, there is a different standard.

White house staff can be compelled to give testimony in criminal matters.

The courts first made that ruling in the Nixon era and reconfirmed it twice under Clinton, when he tried to use executive privilege to prevent staff members from testifying in criminal proceedings.

2007-08-03 22:49:46 · answer #4 · answered by jeeper_peeper321 7 · 1 0

Judiciary and Legislature has co-equal powers with the Executive Department as provided for in the Constitution.

2007-08-03 22:15:16 · answer #5 · answered by FRAGINAL, JTM 7 · 0 0

fedest.com, questions and answers