The implementation of law - Essay Example

Law Government of the US The separation of powers is an essential doctrine in the running of the executive, legislature, and the judiciary of the US government. The three arms of government must comply with the separation of powers to ensure unity and harmony in the dispensation of their duties. The president heads the executive wing of government. For that reason, a president who abuses office is likely to breach the law about the separation of powers. According to Goldwin and Art, the functions are a derivative of the judiciary and the legislature (34).

In this regard, the abuse of office will affect the functioning of the other arms of government. The executive’s role in the implementation of the law has a direct relation to the legislature’s role of making law. Additionally, the function relates to the legislature’s role of interpretation of law. Even so, some of the functions of the executive are not directly related to the other arms of the government. In this regard, the abuse of office by the incumbent president may not breach the separation of powers.

The functions of the executive are subject to oversight by the other two arms of government. Executive orders are always instructive regardless of the fact that they violate the law. This is because the executive arm of government is subject to politics, which makes the absolute adherence to set rules and regulations impossible. The executive powers also have privileges that surpass the other provisions in various clauses of the constitution. For instance, the provision of Null Presque presidential privilege usually contradicts the delivery of justice for the afflicted parties in the courts of law (Goldwin and Art 43).

In this regard, the executive’s orders are instructive. The president’s orders are instructive, given that their directives directly affect the citizenry. The orders are supreme given the selection of the hold of the executive office. The election of the president is an influential exercise that makes the populace consider the president as the supreme authority of the nation. History plays a major role in the understanding of the executive powers and the aspect of separation of powers. There are provisions that address the controversies existing in the legality and policy issues of executive mandates.

The aspect of the separation of powers is traceable to the times of King George III. The reign of the King was full of controversies and delusion. The making of treaties with other nations is categorized under legislative and executive roles. This initiative creates controversy for the executive. Accordingly, there is a supremacy war between the congress and the US executive body. Some powers held by the executive are applicable in the implementation of policies. Additionally, the draft directive by a president can effectively lead to the implementation of a certain policy objective.

Obama has given various directives that have been contrary to the doctrine separation of powers. Obama wanted to implement the Dream Act, but it was rejected by congress (Goldwin and Art 63). Additionally, the president took part in prosecutorial discretion. He is also accused of failure to enforce laws presented to him. The powers vested in the legislative arm should be made relevant by the president’s implementation and enforcement of the laws made. However, president Obama has defied the requirement and has belittled the congress and its legal authority.

Work Cited Goldwin, Robert, and Art Kaufman. Separation of Powers-Does It Still Work? Washington, D.C: American Enterprise Institute for Public Policy Research, 2008. Print.