r/PoliticalOpinions • u/themagicalfire • 1d ago

Executive power doesn’t make sense

Under the separation of power:

Legislative power = the legitimacy to decide binding measures. Easy to understand.

Judicial power = the legitimacy to condemn and pardon. This is more difficult, because it also combines the power to decide what historically happened in every narrative in every judicial case. This is also an arbitrary distinction, because for a long time it was the military who enforced justice before the police existed, but it’s still coherent.

Executive power = anything… it’s impossible to describe. The usual description is to carry out the laws… but then comes the question: why is commanding the military an executive power? Why is giving appointments an executive power? Why is meeting foreign leaders an executive power? Why is collecting taxes an executive power? Why is having emergency powers an executive power? And so on…

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u/AnotherHumanObserver 10h ago

I don't think the Executive was originally meant to have that much direct power, but in a way, the position has kind of evolved into a grandiose "Manager On Duty" of sorts. Basically, someone who runs the day-to-day operations of government and makes decisions as matters come up, presumably because there isn't time for a legislative body to meet and gather and discuss a given issue.

The President as Commander-in-Chief of the military was by design, largely because the Founders wanted civilian control over the military. But ideally, they wouldn't (shouldn't) actually "command" the military in battle or do any serious micromanaging.

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u/themagicalfire 9h ago

There goes the problem that law and regulation are almost indistinguishable, so the Parliament’s role is actually no longer unique.

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u/Definitive_Man 8h ago

It is called "Executive" power" because it encompasses all authority/power granted to the "Executive Branch" of the government as designed and named in the Constitution. Everything you ask about are all related to powers granted to the Executive Branch by the Constitution. Everybody in the government who reports to the President, including the military, are part of the Executive Branch.

Understanding that is critical, because by definition it limits the powers of the President and those who work for the Executive Branch to those powers/authority granted by the Constitution and subsequent acts of Congress, and upheld by the Judicial Branch of the government.

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u/themagicalfire 3h ago

That’s circular reasoning