Flopper
Diamond Member
- Thread starter
- #261
When the president issues an executive order to use funds contrary to allocations approve by congress, he is overriding Congress. The courts certainly do have the power to issue injunctions against the executive branch and have done so many times. "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Article III of the Constitution.It would be interesting to see what would happen if Trump issued his national emergency declaration and the courts shot it down.Of course he can ignore any court, even SOCTUS provide congress allows him to do so. When a president ignores the will of Congress by using unauthorized funds and ignores the highest court in the land, then congress will impeach him. If congress does not impeach the president then the entire concept of checks and balances becomes meaningless.No, that is where you are wrong. Trump can ignore anything the court says because they do not have the Constitutional authority to do so.
As Andrew Jackson once said of a Supreme Court decision, "John Marshall has made his decision, now let him enforce it."
The best example of a check on the president’s power to ignore Court decisions came in the early 1970s, when Pres. Nixon took eight hours to consider whether or not to abide by a vote by the Supreme Court that he turn over the White House tapes. The House Judiciary Committee, which was then considering articles of impeachment, stated clearly that if Nixon did NOT turn over the tapes, that refusal in and of itself could be considered grounds for impeachment.
If Trump ignored the will congress and the high court he would be impeached.
WTF is SOCTUS? Did you mean SCOTUS?
They have no constitutional authority to override a declaration of a national emergency. In the case you cited, they did have authority.
BIG DIFFERENCE!
You didn't know about Jackson's refusal to abide by SCOTUS decision regarding a Georgia law regarding removal of Native American tribes, did you?
SCOTUS could do nothing to force him to do it.
One scenario is:
The court issues a writ of prohibition not to just restrain the president but any other members of the executive branch such cabinet secretaries. The Chief Justice of the United States or an Associate Justice would have the authority to uphold orders to agents of the United States Marshals' Service, that is, United States Marshals and United States Deputy Marshals to serve and to enforce the writs, to be complied with upon peril of contempt of Court.
The president of course can remove any of the people serving writs. That said, when a President uses executive orders to try to circumvent the Supreme Court, he has to be very tactful. The opinions of the Solicitor General of the United States as well as the Attorney-General of the United States would no doubt be considered, because in any Administration, causing a Constitutional crisis between the White House and the Court is not a desirable.
That said, when a President uses executive orders to try to circumvent the Supreme Court, he has to be very tactful. The opinions of the Solicitor General of the United States as well as the Attorney-General of the United States would no doubt be considered, because in any Administration, causing a Constitutional crisis between the White House and the Court is not desirable.
The Court has also interpreted the language of the Appointments Clause to distinguish "principal officers" from "inferior officers". The advise-and-consent requirement gets the United States Senate involved in appointments the President seeks to make by nomination, and has been interpreted also to limit
the power of removal of these officers at the sole discretion of the President.
https://www.quora.com/What-would-ha...directly-defied-a-ruling-by-the-Supreme-Court
You wasted all that time just to say what can be summed up as , "I am a dumbass who has never read the Constitution and don't give a shit because I can post bullshit like this all day long and no will challenge me because they are lazier than I am!"
Too bad I know you are full of shit!
You apparently have not read the Constitution. Tell me where the Constitution gives a President the power to override the Congress' Power of the Purse. If the courts issue a injunction, it would be a illegal order and the military would be required to disregard it.
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