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This is really it. A dysfunctional Congress serves to empower the Executive. And the Judicial branch only serves as a check so long as the Executive cares to
by mywittyname 3y ago
This is really it. A dysfunctional Congress serves to empower the Executive. And the Judicial branch only serves as a check so long as the Executive cares to follow their rulings.
This isn't just a problem if we get a malicious Executive either. If judges keep saying the Executive doesn't have some power unless Congress acts, and Congress continues to not act, then the Executive might be put in a position where they have to ignore judicial rulings in order to govern. Technically Congress can impeach, but a dysfunctional Congress isn't likely to get that one done.
- SllX 3y agoGovern isn’t a verb in American Federal law severable from Acts of Congress. If Congress doesn’t act, then the President and his subordinates are not lawfully empowered to act the way they think Congress should allow them to act. That’s why they spend a lot of time trying to stretch their interpretation of previous Acts of Congress still in effect to try to justify what they want to do under the law. Sometimes they get away with it, sometimes the courts tell them “Nah, dawg.” Also willingness to impeach is demonstrably not the problem. The resulting trials is where Congress stuffs it all up.
- rokkitmensch 3y agos/if/when At the limit, everything happens.