SW VandeCarr
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TheStatutoryApe said:I have read about the USSC decision. Unfortunately the USSC has no teeth, they have no ability to actually enforce their decisions. It makes a decision and it is up to federal or state legislators to actually do something about it. Technically the executive and legislative branches can ignore the Supreme Court if they choose. This is dangerous in a way though and probably why their decision did not include any remedial measures, perhaps concerned about the precedent of Supreme Court instructions being ignored.
Hmmm. Richard Nixon famously said "When the President does it, that means that it is not illegal."
Of course NIxon went down in flames; the only US president to resign in the face of virtually certain conviction by the Senate. The US is a nation of laws and if a suit is brought which leads to a release order by a federal court, how will Obama handle it? How should he handle it? Obey? Ignore it? Stall with appeals? Take a vacation?
Yes, the US Constitution is just a piece of paper (figuratively). As Commander in Chief, the President could surround the Capitol with tanks and order Congress to disband in Cromwellian fashion. He could lock the USSC justices in the Justices' Washroom of the Supreme Court building and proclaim himself to be the Supreme Decider. It has happened before in many other countries.
As far as I know, only one president openly defied the USSC and got away with it; Andrew Jackson. Of course, his action only affected Native Americans, so no one (who counted) cared.
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