Earlier quoted context omitted.
Until the next judge -appointed by the President —gets to decide and rubber stamps his decision. Depending on judges with lifetime appointments isn’t a good system. Why could this decision be made in the first place by non elected officials? Why didn’t such a drastic decision have to be passed via the legislative process?
> Why didn’t such a drastic decision have to be passed via the legislative process? The legislature can stop pretty much any form of bad executive overreach, by passing a bill. The problem is that (enough of) the legislature did not want to stop this.
I'm not that familiar with the structure of the US government, but I thought it was the opposite, and the executive has an approve list of powers rather than a deny list