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Cake day: July 30th, 2023
  • jordanlund@lemmy.worldtoAsk Lemmy@lemmy.world•If you could wave a magic wand, what changes to the US constitution would prevent the executive branch from ignoring the decisions of the judiciary?
    3·
    3 days ago

    Judiciary has no enforcement arm. Remove the DOJ from the executive branch and place it under the Judicial branch.

    Now you no longer have reason to go “We don’t prosecute sitting Presidents.” ;)

    This has always been a problem with the court system:

    https://en.m.wikipedia.org/wiki/Worcester_v._Georgia

    “In a popular quotation that is believed to be apocryphal, President Andrew Jackson reportedly responded: “John Marshall has made his decision; now let him enforce it!”[7][8]”

    As long as we’re talking pie in the sky and checks and balances and such… there needs to be an easier way to over-ride bad Supreme Court decisions than simply ignoring them.

    As kids, we’re all taught that Executive/Legislative/Judicial are like Rock/Paper/Scissors.

    Legislative passes laws, Executive signs or vetoes them, Judicial states if they’re constitutional.

    But while the Legislative can over-ride a veto with a 2/3rds majority, if the Supreme Court makes a bad ruling, the only way of reversing them STARTS with a 2/3rds majority in the House AND Senate, and then requires a 3/4 majority of states.

    That bar seems entirely too high. Perhaps add an over-ride by 2/3rds of Circuit courts. There are 13 circuit courts, so 9? You get 9 / 13 courts saying “No, that’s a shitty decision.” Should be good enough to vacate.

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