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this post was submitted on 27 Aug 2024
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This is something I've been thinking about more and more.
With our three branches of government, it's up to the executive to enforce the laws, and by extension, the rulings of the judiciary.
What's the failsafe mechanism for when the executive doesn't like a ruling and has no respect of law, or for the system?
What happens after the supreme court says, "Hey President! What you're doing is unconstitutional and you must stop immediately."...and the president just goes, "Actually I don't care what you say. I'm still doing it. Have a wonderful day and go fuck all nine of yourselves."
This almost happened with Andrew Jackson. He is quoted as saying “now let’s see them enforce it” (or something like that, I don’t feel like looking it up) and he pretty much told the SCOTUS at the time they have no power. Congress has the purse, President has the sword, judiciary has nothing.
His cabinet ended up convincing him that the establishment of the USA depends on him following the orders of the court, and he ended up backing down.
"John Marshall has made his decision; now let him enforce it!"
https://www.wikipedia.org/wiki/Worcester_v._Georgia