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> Statute can absolutely constrain the executive. This is an open question. The judicial branch has authority, on paper. But without means of enforcing that
by boothby 1y ago
> Statute can absolutely constrain the executive.
This is an open question. The judicial branch has authority, on paper. But without means of enforcing that authority, it cannot truly constrain the executive.
- kevin_thibedeau 1y agoCongress has a jail. He's already refused to answer to a subpoena. They can arrest him any time they want.
- boothby 1y agoCongress has a jail, sure. But I and the comment I was responding to were regarding the judiciary. To put a finer point on it: if the president orders somebody to do something in violation of federal law, and then pardons them, can the law be enforced?
- rayiner 1y agoCongress’s big hammer is impeachment. The smaller hammer is refusing to fund his administration. Between that and elections, that’s plenty of ways to keep the president in check.
- mmooss 1y ago> This is an open question. It's not. Statute has constrained the executive for all of American history.
- cantrecallmypwd 1y agoRead the RFCP. ArtIII judges can absolutely empower people other than USMS to carry out legal orders such as service of process and enforcement of contempt orders.