4 ms·

That would likely be a breach of separation of powers. Relevant reading: https://crsreports.congress.gov/product/pdf/R/R43708 https://crsreports.congress.gov/pr

That would likely be a breach of separation of powers. Relevant reading: https://crsreports.congress.gov/product/pdf/R/R43708 https://crsreports.congress.gov/product/pdf/R/R43708 The executive branch tends to have power of discretion in what to enforce and how.

JumpCrisscross 2y ago
> executive branch tends to have power of discretion in what to enforce and how No, it doesn’t. Plenty of lawsuits are around laws not being adequately enforced (and courts forcing such enforcement).
- lokar 2y ago
  The president takes an oath to see that the laws are enforced
  - ModernMech 2y ago
    Serious question, how does that compel the president to enforce laws?
    - lokar 2y ago
      You would need some party with standing to ask a court to intervene
      - ModernMech 2y ago
        But say through some process a court intervenes. There's no actual way for the court to compel him to do anything.
        JumpCrisscross 2y ago
        > no actual way for the court to compel him to do anything PAFACA was written (I didn’t name it) to command the operators of app stores and hosting companies. They’re the ones accruing liability. The President can ignore the law, but Apple and Google will accrue liabilities until the statute of limitations starts voiding them.
        ModernMech 2y ago
        But the accrued liability means nothing if the president agrees he won't prosecute them, right?
        JumpCrisscross 2y ago
        > the accrued liability means nothing if the president agrees he won't prosecute them, right? No. One, our country has a rich tradition of third parties suing to compel the enforcement of laws. Two, we also have a rich tradition of successive presidents enforcing laws their predecessors didn't.
        ModernMech 2y ago
        But again, how does a lawsuit compel the president to do anything? They can’t arrest or fine him. Ignoring the lawsuit is legal according to the Supreme Court decision in July. And as for the next president, well, he would just have to tell byte dance what his price is to allow them to operate.
        JumpCrisscross 2y ago
        > how does a lawsuit compel the president to do anything? They can’t arrest or fine him Courts can compel the app stores to de-list. The President doesn’t need to personally enforce every law in the land.
        ModernMech 2y ago
        But the court isn't going into a server room somewhere and pressing a button to take TikTok off the app store. Apple would take it down because they would incur some sort of retaliation if they didn't. But that retaliation would never come because Trump controls the enforcers, and he has directed them to ignore noncompliance with the law. So how would the court compel this behavior from Apple?

JumpCrisscross 2y ago

> executive branch tends to have power of discretion in what to enforce and how No, it doesn’t. Plenty of lawsuits are around laws not being adequately enforced (and courts forcing such enforcement).

lokar 2y ago
The president takes an oath to see that the laws are enforced
- ModernMech 2y ago
  Serious question, how does that compel the president to enforce laws?
  - lokar 2y ago
    You would need some party with standing to ask a court to intervene
    - ModernMech 2y ago
      But say through some process a court intervenes. There's no actual way for the court to compel him to do anything.
      - JumpCrisscross 2y ago
        > no actual way for the court to compel him to do anything PAFACA was written (I didn’t name it) to command the operators of app stores and hosting companies. They’re the ones accruing liability. The President can ignore the law, but Apple and Google will accrue liabilities until the statute of limitations starts voiding them.
        ModernMech 2y ago
        But the accrued liability means nothing if the president agrees he won't prosecute them, right?
        JumpCrisscross 2y ago
        > the accrued liability means nothing if the president agrees he won't prosecute them, right? No. One, our country has a rich tradition of third parties suing to compel the enforcement of laws. Two, we also have a rich tradition of successive presidents enforcing laws their predecessors didn't.
        ModernMech 2y ago
        But again, how does a lawsuit compel the president to do anything? They can’t arrest or fine him. Ignoring the lawsuit is legal according to the Supreme Court decision in July. And as for the next president, well, he would just have to tell byte dance what his price is to allow them to operate.
        JumpCrisscross 2y ago
        > how does a lawsuit compel the president to do anything? They can’t arrest or fine him Courts can compel the app stores to de-list. The President doesn’t need to personally enforce every law in the land.
        ModernMech 2y ago
        But the court isn't going into a server room somewhere and pressing a button to take TikTok off the app store. Apple would take it down because they would incur some sort of retaliation if they didn't. But that retaliation would never come because Trump controls the enforcers, and he has directed them to ignore noncompliance with the law. So how would the court compel this behavior from Apple?