Among the many responsibilities of a president is to enforce the law. As a part of the executive, the president requires the help of other branches of government to enforce the law. The focus of this paper is to evaluate how the department of Justice (DOJ) helps the president in law enforcement.
DOJ
DOJ is made up of 32 boards, offices, bureaus, and divisions with different functions. The Attorney General heads the DOJ. The DOJ has the responsibility of providing legal advice to the cabinet and president as well as representing the country in civil litigation and federal criminal. Other roles of the department are identified with the divisions, offices, and components of the DOJ. The litigation functions of DOJ are split between 94 United States offices of Attorney and six legal divisions. The divisions are responsible for the formulation and litigation of policies in their respective areas. The offices of the Attorney are responsible for litigation on behalf and in defense of the US government as well as prosecute criminals in the courts of federal district (Podgor, 2003). The main functions of the DOJ are performed by the FBI, DEA, Immigration and Naturalization Service, US Marshals Services, and Bureau of Prisons.
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The FBI investigates violations of the law, neutralizes and identifies the foreign powers' activities and agents through conducting counterterrorism and counterintelligence measures. The FBI also provides help to other states, federal, and local agencies of law enforcement. DEA usually, investigates violations of substances laws and manages systems of national narcotics. INS deal with entries of legally allowed people and grants their entitled benefits while preventing the entry of inadmissible people. BOP maintains the safety and security of prisons. USMS provides the security of the courts, judges, warrants, and court orders as well as handling safety to the prisoners during transportation (Podgor, 2003). Other major components within the DOJ include the Office of Justice Programs, Community Relations Services, and the United States Trustees’ Offices.
DOJ Role in Law Promulgation
After a policy development, the justice system, as part of the federal bureaucracy, plays a vital role in helping the president in law enforcement. The DOJ plays the role of enforcing the law. To ensure that the law made by the legislative and signed by the president are followed, the justice system uses the help of other agencies such as police, DEA, FBI, US marshal services to ensure that the law developed is followed by the citizens (Carter, 2004). For those who do not follow the law, the Justice system prosecutes the cases from hearing, trial sentencing, and appeal. The entire process from arrest to trial is carried out by the DOJ.
While the legislative and executive are involved in developing policy and signing them into law, the judiciary is responsible for ensuring that the citizens follow the law or the policy. The president thus requires the help of the (DOJ) to make sure that the law is respected and followed to the letter. The judiciary is allowed to punish those who fail to follow the law.
Administrative Deference
Chevron deference holds that when an administrative agency differs with a legislative delegation on an interpretation of statutes or the issue at hand is not clear but rather implied, a court may not apply its interpretation of the law for a reasonable interpretation as made by an administrative agency (Siegel, 2018). The administrative deference is reviewed through two steps. A court must first evaluate whether the legislature expressed intent in the statute and if the intent expressed was ambiguous or not. Agencies such as the court must carry out the intent expressed by Congress. It means that under Chevron, even if an administrative agency a courts finds a better or a reasonable interpretation to the statute, the court must differ the rational interpretation (Maezell, 2011).
Executive Branch’s Bureaucracy
The executive branch is unaccountable and too large hence a need to reduce the size. Given the size, there is slowness, and it is not easy to determine what another hand is doing. Most of the agencies are confused with the people being employed not being required to be held accountable for their work. Workers are not replaced even after the election of a new president, which gives them job security and, in the end, makes them inflexible and complacent. Due to the largeness, there are many regulations, paperwork, and rules which make the government overwhelming to the citizens that they avoid it (Morone & Kersh, 2018). The citizens become discouraged to even apply for benefits that they deserve. Some of the responsibilities should be turned over to other enterprises that are private to reduce the costs and ensure efficiency.
The president requires the help of other agencies and departments to ensure in enforcing the law. DOJ, for example, helps the US president law enforcement. The DOJ is dependent on other agencies like the FBI and courts to enforce the law. The executive branch is too large increasing bureaucracy that hinders law enforcement making the executive less accountable.
References
Carter, D. L. (2004). Law enforcement intelligence: A guide for state, local, and tribal law enforcement agencies (pp. 136-37). Washington, DC: US Department of Justice, Office of Community Oriented Policing Services.
Maezell, E. H. (2011). Deference and Dialogue in Administrative Law. Colum. L. Rev. , 111 , 1722.
Morone, J. A., & Kersh, R. (2018). By the people: Debating the American government . Oxford University Press.
Podgor, E. S. (2003). Department of Justice guidelines: Balancing discretionary justice. Cornell JL & Pub. Pol'y , 13 , 167.
Siegel, J. R. (2018). The Constitutional Case for Chevron Deference. Vand. L. Rev. , 71 , 937.
