• @[email protected]
    link
    fedilink
    34 months ago

    There’s another built in way for Congress and the President to get around SCOTUS. Just ignore the ruling. The most permanent way is an amendment but ignoring it and enforcing the law anyways does work. For example Banks will freeze accounts if the regulator tells them they have to. They aren’t going to make a principled stand for you.

    • @[email protected]
      link
      fedilink
      24 months ago

      If a regulator enforces a law against you that the court has deemed unconstitutional, you can sue the regulator for damages with the expectation that the court will be on your side.

      The more obvious “built in” option is for the president to pack the court.

      • @[email protected]
        link
        fedilink
        24 months ago

        The US Marshals enforce court orders. The judges are powerless on their own and that’s by design.

        • @[email protected]
          link
          fedilink
          24 months ago

          If a portion of the government wholly stops listening to a part of the government that has authority over it, they call it a coup.

          • @[email protected]
            link
            fedilink
            24 months ago

            Nah it’s just a Constitutional Crisis. But we’ve been through this drill before. As long as you only ignore one or two key rulings it’s pretty mild.

            Our branches of government are supposed to keep each other from going too far. It’s literally in the system design documents.