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by hdndjsbbs 14 days ago
The myth of the Supreme Court having any check on executive power was disproven by the "switch in time to save 9", where Owen Roberts agreed to stop obstructing The New Deal so FDR wouldn't implement court-packing and term limits. That was almost 90 years ago.
2 comments

If only the conversation could be rooted with this understanding, rather than it being a leaf.
Why is this a bad thing? The New Deal literally created a society that allowed the country to flourish for a solid 50 years before neoliberal economics took hold.
I like the New Deal! My point is that the realpolitik of the court being subservient to the other two "coequal" branches goes back almost 100 years.

Marbury v Madison established judicial review in 1803 but there is no enforcement mechanism. The switch in time shows that practically the Court is subject to the political pressure of Congress and the President.

The Clinton impeachment and the lack of Trump impeachment show (imo) that there is effectively no rule of law in the United States anymore.

Congressional representation is subject to gerrymandering for partisan and racial reasons, and majority control of Congress gives you broad power to pass laws and punish political enemies. Controlling both Congress and the Presidency gives a single party the ability to completely ignore any constitutional boundaries.

America's experiment in multi-racial democracy has failed and their international influence will continue to wane as it has since the 80s. It seems like something that happens "slowly, and then all at once", like bankruptcy.