Laws in Texas August 31, 2019
The Justice Department Can’t Keep Its Own Law Secret ForeverWhen the Supreme Court and lower courts interpret the Constitution and laws, their decrees are public, accessible and subject to debate. In some instances, if an interpretation of the law doesn’t sit well with the public, Congress can respond by amending the law, effectively nullifying a court’s decision. Or if a ruling on a constitutional question is especially egregious, a constitutional amendment, though unlikely, remains an option.
But it turns out there’s a whole category of American law that is above such checks and balances. The public knows nothing about it and there’s no way to challenge it in court, let alone debate it in the halls of Congress.
For decades, the Justice Department’s Office of Legal Counsel has flexed its interpretive power as the ultimate arbiter of what the law is for the executive branch, building a whole body of secret law that remains shielded from public view. Very little is known about these opinions—which carry the force of law, resolve disputes between agencies, direct the conduct of federal officials and can even affect civil rights and liberties. In the view of one scholar, these opinions date “to the beginning of the Republic†and can even “rival the opinions of the Supreme Court.â€
These decisions number in the thousands, and the few that become public see the light of day at the discretion of the Justice Department.But the vast majority stay secret—binding executive branch officials and activities across administrations. Because almost everyone who isn’t a lawyer in the officeis kept in the dark about these legal conclusions,Congress and the public can’t debate them or seek amendments in the event of abuses. Courts are of no help either.
More:
https://lawsintexas.com/the-united-states-department-of-justice-and-its-secret-laws-you-will-probably-never-know-about/
