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Ocelot II

(130,538 posts)
44. That's the ultimate question, isn't it?
Mon Jan 27, 2025, 04:59 PM
Jan 2025

Even SCOTUS doesn't have enforcement powers. They can issue an adverse decision, but can they make him obey it? This problem was recognized from the beginning.

Because its orders are not self-executing, the judiciary relies on the consent of other branches in order to assert itself. And popular vigilance is the only way to make those branches cooperate when they're not inclined to. Alexander Hamilton realized this over two hundred years ago when composing Federalist 78: "the judiciary is beyond comparison the weakest of the three departments of power . . . it can never attack with success either of the other two. . . [it] has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment."
https://www.acslaw.org/?post_type=acsblog&p=1223

When he disagreed with the Supreme Court's decision to let the Cherokee keep their land in the face of intrusion by gold speculators, Andrew Jackson is claimed to have said, "John Marshall has made his decision, let him enforce it." This statement is believed to be apocryphal, and Jackson was never called upon to enforce the decision. No president has simply defied a SCOTUS decision - even Nixon turned over the Watergate tapes when ordered to do so, knowing the result would be his impeachment - but we've never had one quite like Trump.

Recommendations

1 members have recommended this reply (displayed in chronological order):

And like so many things, Republicans previously were VERY opposed to Exec orders RandomNumbers Jan 2025 #1
So were (D) when Trump flurried the US with them in 2017. Igel Jan 2025 #10
"Governing by Executive Order" EllisWhy Jan 2025 #17
K & R malaise Jan 2025 #2
Ah! They're all working hard behind the scenes again! Scrivener7 Jan 2025 #3
No. First, it has been 6 days. Ms. Toad Jan 2025 #4
Gotta give team Felon credit, they have assured full employment of lawyers Attilatheblond Jan 2025 #42
That, they have. Ms. Toad Jan 2025 #55
That's how litigation works. Sorry you aren't getting news bulletins every day. Ocelot II Jan 2025 #5
There you go being all thoughtful and reasonable. TomSlick Jan 2025 #9
And how do you know they're not? paleotn Jan 2025 #11
Deja vu! I've been here before! Scrivener7 Jan 2025 #22
Interesting. You say you've been here before. But you can't offer any constructive alternatives. onenote Jan 2025 #23
And again, same song, different crisis. Scrivener7 Jan 2025 #25
Still repeating yourself. Still empty. onenote Jan 2025 #27
... orangecrush Jan 2025 #6
IOW, our side is preparing to. . . DinahMoeHum Jan 2025 #7
Worth bookmarking for future reference beyond the first days... Thank you. ancianita Jan 2025 #8
This message was self-deleted by its author LiberalArkie Jan 2025 #12
The Orange Hoover thinks that his "mandate" gives him absolute doctorial powers. Liberal In Texas Jan 2025 #13
Coincidentally... TommyT139 Jan 2025 #19
man. They can. twist anything to mean what they want it to mean MadameButterfly Jan 2025 #45
Thank you canetoad Jan 2025 #14
so lawyers will be our soldiers? 4catsmom Jan 2025 #15
And what is your better alternative? onenote Jan 2025 #24
Yes, I think so MadameButterfly Jan 2025 #46
My Donations ConstanceCee Jan 2025 #16
I don't JustAnotherGen Jan 2025 #18
Who's "they"? Ocelot II Jan 2025 #21
Not every Democratic lawyer is Merrick Garland MadameButterfly Jan 2025 #47
Thank you Ocelot, this is good, helpful info FakeNoose Jan 2025 #20
Hopefully our Dem reps will stop giving trump's actions... Think. Again. Jan 2025 #26
That's not going to happen. Rubio got the support of every Democrat. onenote Jan 2025 #28
We should continue shooting at all targets.... Think. Again. Jan 2025 #29
I meant to reply to you MadameButterfly Jan 2025 #49
Thanks for the 'heads up', I saw 48 and replied to you. Think. Again. Jan 2025 #51
They had to vote for Rubio MadameButterfly Jan 2025 #48
If they had all voted "no", would he have got in anyway? Think. Again. Jan 2025 #50
Yes, but their other no votes have more meaning MadameButterfly Jan 2025 #52
I see, but I believe that a strong showing of collective resistance is.... Think. Again. Jan 2025 #53
Unfortunately the way that message is reported is "Trump wins again" onenote Jan 2025 #56
Yes, I agree, I think the Dms should show a stronger resistance to everything the nazis do. Think. Again. Jan 2025 #57
It would have been Trump wins again MadameButterfly Jan 2025 #58
Exactly!, but without the "Dems cave in again" part! Think. Again. Jan 2025 #59
Democrats voting for Marco Rubio MadameButterfly Jan 2025 #60
I disagree... Think. Again. Jan 2025 #61
There is a disctinction and we have to make it MadameButterfly Jan 2025 #62
All nazis. Think. Again. Jan 2025 #63
K&R spanone Jan 2025 #30
I want to see something done about the firing of the IG's. yellow dahlia Jan 2025 #31
Here's a good analysis of the situation: Ocelot II Jan 2025 #32
Thank you for sharing this. yellow dahlia Jan 2025 #33
But the main question is: who's gonna stop trump when he flouts these "constraints". calimary Jan 2025 #41
That's the ultimate question, isn't it? Ocelot II Jan 2025 #44
His is the nastiest bunch of EO I have ever seen Dem4life1234 Jan 2025 #34
It's likely that this onslaught of EOs was intended just as Steve Bannon wanted - Ocelot II Jan 2025 #36
Great points Dem4life1234 Jan 2025 #39
Fuck I forgot about his veto powers! Dem4life1234 Jan 2025 #35
Thx, Ocelot. Thank you for this rational explanation. Hekate Jan 2025 #37
Problem being, of course, that the USSC has its own agenda... malthaussen Jan 2025 #38
Good to remember: calimary Jan 2025 #40
Fourteenthth amendment, shmorteenth amendment. WHERE WAS ANYONE WHEN IT WAS VIOLATED BY TRUMP? usonian Jan 2025 #43
I am in agreement... rasputin1952 Jan 2025 #54
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