Testing the powers of the judiciary [View all]
Every day the administration is blocked by a federal judge somewhere. The response is generally an appeal to a higher court, or a different judge, with the administration basically ignoring the court ruling. Sometime in the near future, some issue, or issues, will reach the Supreme Court. Then we will find out if the judiciary has the power of law, a constitutional crisis that will determine the future of this country.
Andrew Jackson's plan to relocate the Cherokee nation was declared unconstitutional by the Supreme Court. Jackson went ahead with his plan, defying the court ruling, and daring the court to enforce the law.
If the Supreme Court rules against the administration, and the administration refuses to comply, what will happen? The administration has plenty of legal opinion that will say that the power of the president cannot be limited by the court. The DOJ is controlled by loyalists. The military is controlled by loyalists. The congress is controlled by loyalists. Where is the means of law enforcement?
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