Earlier quoted context omitted.
That’s not quite an accurate description of the Princeton Study. What the study actually shows, if I’m thinking of the correct one, is that for the most part average americans agree with the elite. The results of the study are driven by the fact that when elites and average americans disagree, the politicians tend to side with the elites. A prime example of this is the immigration system. https://www.nytimes.com/2024…
> is that for the most part average americans agree with the elite. The results of the study are driven by the fact that when elites and average americans disagree, the politicians tend to side with the elites. The case when everyone agrees doesn’t tell you anything. It’s only when people disagree that you can find who has actual power and in this case the general public has effectively zero actual meaningful power d…
US Supreme Court limits federal judges' power to block Trump orders
181–190 of 878 posts
Re: US Supreme Court limits federal judges' power to block Trump orders
#182[flagged]
Re: US Supreme Court limits federal judges' power to block Trump orders
#183Earlier quoted context omitted.
I think that comment is referring to Trump v. United States, where the court said that a president cannot be held accountable for using a Constitutional authority to break the law. It is very literally "a blank mandate to break the law". For example, a president is granted authority to command the military and issue pardons. They have absolute immunity for any act performed using these authorities, including illegal…
This was also discussed in the Constitutional Convention, where the participants decided the impeachment process, and failing that, four-year terms, were a sufficient remedy.
Re: US Supreme Court limits federal judges' power to block Trump orders
#184Earlier quoted context omitted.
Most of the world doesn't have unconditional birth right citizenship. It somehow functions and is not fascist.
The bit that’s fascist is that birthright citizenship is guaranteed in the US Constitution, and the current administration is openly flouting it.
Re: US Supreme Court limits federal judges' power to block Trump orders
#185Comparatively, how vulnerable is America to an executive gone wild compared to its peer countries? The US has a three-tiered judiciary that moves slowly, Congress has a very high threshold for impeachment and removal (and a slow process), and the order of succession is basically locked in for four years. The people are not easily moved to action, and it's doubtful how much they could realistically accomplish. Univers…
The three branch system allows any two to gang up on the third. Parliamentary systems don't have any checks like this and trend towards unitary authoritarians.
Re: US Supreme Court limits federal judges' power to block Trump orders
#186This had to happen. The state of affairs prior to this ruling is that any of 700 district judges could unilaterally block the president from exercising his authority under the constitution pending a review, including matters of national security, based on their own subjective politics. It broke the proper functioning of the government. This restores a proper functioning balance of powers.
I could extend some merit to the idea that injunctions should be limited in complex cases where case law is thin and the law is less than clear. When executive orders are clearly unconstitutional, however, I do not then see any reason for limits.
Re: US Supreme Court limits federal judges' power to block Trump orders
#187Earlier quoted context omitted.
You need to actually read the decision. There's plenty of legal reasoning. You may not agree with it, but your opinion is irrelevant. One thing they didn't talk about was structural: the court system is split up into X circuits, and each circuit is independent. Normally each circuit uses rulings from other circuits as a basis for its judgements, but circuits are pretty independent from each other. The Supremes weigh…
>Why would a lower court have more authority than an appeals court? That makes no sense. An appellate court considers the decisions of the courts below it, so it makes sense its actions would be restricted to those courts. What makes no sense is the newly possible situation in which an action violates the U.S. Constitution in one district but not another.
aren't those cases the point of the Supreme Court? when districts conflict it goes to the Supreme Court.
Re: US Supreme Court limits federal judges' power to block Trump orders
#188Earlier quoted context omitted.
Any judge in the country based on their own subjective politics can also create a precedent by ruling a certain way, and that single precedent might be used even a hundred years later. So by the same logic, this also should go away since it means any judge anywhere at any time can basically sediment history with their opinion
Many people do think this should go away yes. Common law VS statutory law is a constant debate
Re: US Supreme Court limits federal judges' power to block Trump orders
#189Re: US Supreme Court limits federal judges' power to block Trump orders
#190This had to happen. The state of affairs prior to this ruling is that any of 700 district judges could unilaterally block the president from exercising his authority under the constitution pending a review, including matters of national security, based on their own subjective politics. It broke the proper functioning of the government. This restores a proper functioning balance of powers.
The state of affairs is that: 1. The executive is doing something illegal to hundreds of thousands of people. 2. Dozens and hundreds of people sue them. 3. The executive loses in court. 4. The executive does not appeal to the supreme court the cases it lost. 5. Thus, no binding precedent that stops the illegal action in #1 is set. This is actual lawless lunacy, and this enshrines it as SOP going forward. Is this the…
Yes, this has been going on for decades at various levels of government.
It's very common when it comes to gun rights. The government (local/state and federal) will frequently avoid appealing if they think they might then lose the case, setting a wide precedent for millions of people.