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Mexico's unsuccessful attempts to enforce statutes on money laundering and asset forfeitures also demonstrate the weaknesses of the state.
His office said he had jurisdiction to get involved in the matter because New York State law empowered him to enforce statutes barring deceptive trade practices.
"This conclusion is consistent with the classic understanding of the separation of powers doctrine -- that the legislative power is the power to enact statues, the executive power is the power to execute or enforce statutes, and the judicial power is the power to interpret statutes and to determine their constitutionality," Chief Justice George wrote.
"Near the top of the list … prosecutors must enforce statutes only within the bounds that Congress has authorized; this is indispensable for proving the legitimacy of the resulting prosecutions," the former prosecutors said.
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Here, in contrast, President Obama has taken steps to enforce existing statutes, not ignore them.
As in the earlier case, the administration also said Friday that it would continue to enforce the statutes applying to same-sex military spouses unless Congress repealed them or a court ruling striking them down.
While it might be difficult to wipe laws off the books, a president can influence whether agencies enforce existing statutes.
Also, when the Senate GOP refused to confirm anyone to the NLRB in order to deny it a quorum and the ability to enforce its statutes, one wonders which party was the lawless one.
"Under the Constitution," Kavanaugh wrote, "the President may decline to enforce a statute that regulates private individuals when the President deems the statute unconstitutional, even if a court has held or would hold the statute constitutional".
The court held that only the district attorney could bring such an action to enforce the statute: I am of opinion that by the terms and spirit of the statute under which this proceeding has been had, no other than the district attorney of the county of Genesee (in which the lands intruded upon are situated) could regularly be a relator.
But in 1964, he said, "we had a state obscenity statute," and it was the function of the district attorney's office "to live by and enforce the statute".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com