it is the simple fact that the US does NOT operate according to a rigid principle of separation of powers that enables the judiciary and the legislature to exercise power over the executive
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yes! the executive is as powerful as it can be, given what the president desires. Our president is an autocrat, he'll pardon people committing crimes on his behalf. The GOP are cowed by his MAGA goons. There must be resistance at every level and every chance. Or, "fight, fight, fight!"
It's tempting to think he is just a moron, and to be sure, one can be malevolent and stupid. More likely, he lacks a sense of shame and self-respect. He is okay with looking like a moron in order to fool the MAGA voters that he absolutely takes for granted to be morons.
I would argue it does operate according to a rigid separation of powers, but you have to correctly define "separation of powers" to reflect the constitutional scheme. Courts, e.g., cannot exercise executive powers, but they can exercise judicial powers that pertain to the executive branch.
Separation of powers merely means that the legislative and judicial branches cannot exercise the executive powers. It also means that executive cannot decide what the law is -- that is up to the legislative and judicial branches.
I always pictured as paper/rock/scissors. Perhaps an oversimplification of checks and balances, but that had to be more accurate than what Vance is describing
If the Republicans had a super majority in the Senate, judicial impeachment MIGHT be on the table, but they don't have enough support for that, and it would appear obviously craven to most observers, so thank God for lifetime appointments?
Ironic that those who most loudly laud originalism don't seem to have read any Federalist paper except no. 70. (Which they mostly misread.) Federalist nos. 47-49 are specifically about "separated institutions sharing powers," as Richard Neustadt put it.
It's not that they do not know the truth of the matter. It is that they wish to pretend that what is evidently true is not, and to convince the ignorant of those fallacies.
Vance is also lying about what the court order says. He claims it blocks the treasury secretary from accessing the data, but the order just blocks the secretary from sharing private info with anyone but qualified civil servants.
The VP, who once wrote for The Yale Law Journal, is now openly questioning whether the historic role of the judiciary interpreting matters of law is valid?
With that kind of disingenuous, dangerous thinking there aren’t any guardrails strong enough to protect democracy from the likes of Trump.
Vance is a henchman, he's just an oily puddle of sick disguised inside a suit, trying to pass himself off as human, but he's just a utility for anyone in charge of him.
Judges can order anything they want and they may be correct but if the people tasked with implementing the judges orders sit within the Executive Branch, there is no one to stop the administration from doing what it is does.
Every enforcement mechanism sits within the executive branch, and these folks are running strong with Unitary Executive Theory, which the Supreme Court has lightly reaffirmed recently. And are likely to fully affirm.
Even impeachment and removal would require those in the executive branch to be loyal to the constitution over the President and that can’t be fully counted on at this point.
John, here's the thing. You sound like a cunt when you address people like this. Especially when you then make an argument that shows you clearly don't read OP's posts on the reg and specifically is completely orthagonal to the post itself.
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The founders got a lot right
Hanlon's Razor is hereby suspended.
Every thing else is explicitly “checks and balances”
With that kind of disingenuous, dangerous thinking there aren’t any guardrails strong enough to protect democracy from the likes of Trump.
Judges can order anything they want and they may be correct but if the people tasked with implementing the judges orders sit within the Executive Branch, there is no one to stop the administration from doing what it is does.
Thanks for your feedback.