2 ms·
> If we have a unitary executive, then the president is over the Supreme Court. No, the Supreme Court is not part of the executive even under unitary executive
by dragonwriter 2y ago
> If we have a unitary executive, then the president is over the Supreme Court.
No, the Supreme Court is not part of the executive even under unitary executive theory.
OTOH, the US Marshals Service is part of the executive, and, under unitary executive theory, Congress attempting to dictate who within the executive branch can direct them must fail, as the President has absolute and unconditionally delegable authority within the executive.
- flkiwi 2y agoWhich is why fully moving the Marshals to a department within the judiciary would be desirable, though I think there's a significant ethical issue for the judiciary to contend with re: having to actually enforce its orders. At a sort of silly level, there's probably concern that "justice is blind" cannot mix with "justice needs to see where it's aiming if it's going to enforce anything." Judge Dredd and whatnot. But, man, if the executive is fully on board with ignoring law, what is even the point of trying?