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In reply to the discussion: Some things to know about executive orders: [View all]Ocelot II
(130,538 posts)44. That's the ultimate question, isn't it?
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.
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And like so many things, Republicans previously were VERY opposed to Exec orders
RandomNumbers
Jan 2025
#1
Gotta give team Felon credit, they have assured full employment of lawyers
Attilatheblond
Jan 2025
#42
That's how litigation works. Sorry you aren't getting news bulletins every day.
Ocelot II
Jan 2025
#5
Interesting. You say you've been here before. But you can't offer any constructive alternatives.
onenote
Jan 2025
#23
The Orange Hoover thinks that his "mandate" gives him absolute doctorial powers.
Liberal In Texas
Jan 2025
#13
I see, but I believe that a strong showing of collective resistance is....
Think. Again.
Jan 2025
#53
Yes, I agree, I think the Dms should show a stronger resistance to everything the nazis do.
Think. Again.
Jan 2025
#57
But the main question is: who's gonna stop trump when he flouts these "constraints".
calimary
Jan 2025
#41
It's likely that this onslaught of EOs was intended just as Steve Bannon wanted -
Ocelot II
Jan 2025
#36