It would fall to the U.S. Marshals Service — which is part of the Department of Justice — to enforce a judge’s order. But “if Trump wanted to fully not comply, he could direct the Department of Justice not to comply. At that point, you have a full-on constitutional crisis,” Gertner said.
“Congress, ultimately, is the arm of our government that enacts statutes. And if the president is claiming authority under a statute to do X and Congress disagrees, Congress can amend the statute and say, you don’t have the power,” she said.
However, Republicans, faithful to Trump, control both the House and Senate, so opposition is unlikely.
I’m trying not to be pessimistic, but they’re saying we’re fucked. They even give an example:
Still, there have been times presidents have ignored Supreme Court decisions, rendering them essentially unenforceable.
In 1832, the Supreme Court overturned the conviction of a missionary living with the Cherokee Nation for refusing to take an oath to obey the laws of Georgia. Chief Justice John Marshall found that the Cherokee Nation constituted an independent political community and didn’t have to follow Georgia’s laws. President Andrew Jackson ignored that ruling on the Cherokee’s independence and launched the forced migration of the Cherokee Nation known as the Trail of Tears.
The nation has to scream loud about what’s happening. I bet most of the country doesn’t even know.
Edit: Please tell me I’m wrong about being pessimistic.
Edit: Please tell me I’m wrong about being pessimistic.
I am sorry but I will not lie to you :-(
Kristin Hickman, a professor of administrative law at the University of Minnesota Law School, urges caution on talk of a constitutional crisis.
The Trump administration is still entrenched in legal fights in the lower courts and, so far, has not defied any orders from the U.S. Supreme Court, the nation’s highest court, she noted.
“We’re not there yet and we have no guarantee we’re ever going to get there. It is not healthy for our body politic for us to overreact and roll around a lot of overheated rhetoric,” she said.
Yes, let’s us frogs continue to sit in the pot of water, doing nothing, as it gets closer and closer to boiling. It’s worked out well so far, so we should definitely double down on that strategy.
Idiot.
Yeah, I ignored all of that because we are absolutely there.
I bet a lot of people in Nazi Germany said the same thing.
For a while.
