Hacker News new | ask | show | jobs
by darth_avocado 501 days ago
Yes. That’s how branches of government are set up. Judicial and legislative branches are supposed to keep the executive branch in check. Judicial branch is right now working to keep things in check but it will take time, resources and money to address every small thing. Opening the floodgates is a good strategy to overwhelm this branch. Which is where the legislative branch comes in. If they see the executive branch over reaching, you act to stop it. But our legislative branch is not acting (on both sides of the aisle). Btw this is the same problem a lot of modern democracies are facing and is not unique to the US.
2 comments

One side of the aisle is powerless. They can make speeches, but all legislative progress requires the approval of the Speaker of the House. Who will refer any legislation to a committee, which is also controlled by a committee chair of the same party.
I don’t buy that argument because that side of the aisle has been voting with the other side on pretty much everything in the new term. I also don’t buy this argument because like I said in my original comment, the tactic of using presidential powers in this way was always available, including when this side of the aisle had the majority.
Judicial branch has basically no enforcement. They can judge all they like, if the other branches or even states tell them to shove it up their ass, what can they do?

Not long ago Hawaii told the Supreme Court 'spirit of aloha' and the broken paddle trumps _Bruen_. And nothing stops them, the Supreme court has a few armed marshalls and little else.

Yes that does happen and ideally the executive branch is responsible for enforcement, which creates an opportunity for the President to say no. But that undermines the courts and affects the faith people have in the Judicial system. The ramifications of that trust eroding are far and wide, and the economy would take a massive hit. People will then vote differently in 2 years and hope the legislative branch does its job.

One thing to also consider is that sometimes, the execution of the court orders will rely on local governments and locally elected officials in local enforcement bodies (like the Sheriff’s Office or the local PD). In that case, enforcement will vary across the country.