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How powerful is the Supreme Court? Or put more bluntly, what exactly can the SCOTUS force Donald Trump to do?
American Thinker ^ | 03/07/2025 | Paul Dowling

Posted on 03/07/2025 10:53:45 AM PST by SeekAndFind

Per NPR, “the U.S. Supreme Court on Wednesday reined in some of the Trump administration’s sweeping effort to eliminate foreign aid that has been authorized by Congress.”

The thing is, the Executive is a co-equal branch of government.  As such, it is permitted to have its own views on what is constitutional — or not.  The founders’ view was that the Supreme Court — being a co-equal partner in governance with the president — has not the power to compel executive compliance with any judicial ruling, even its own.

In a letter to William Charles Jarvis, dated September 28, 1820, Thomas Jefferson wrote these words:

[T]o consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed. ... [T]heir power [is] the more dangerous as they are in office for life, and not responsible ... to the elective control. ... [A]ll the departments [are] co-equal and co-sovereign within themselves.  If the legislature fails to pass laws ... as prescribed by the constitution ... the judges cannot issue their mandamus [a judicial order] to them; if the president fails to provide the place of a judge ... the judges cannot force him.  They can issue their mandamus ... to no executive or legislative officer ... any more than the president or legislature may issue orders to judges or their officers.

John Adams, in the hours before the end of his presidential term, appointed 16 Federalist judges to the circuit courts and 42 to lesser courts.  These hastily ratified appointments were called the “Midnight Judges.”  Although President Adams had ordered the commissions for these posts to be delivered, the clock ran out on his administration before all the commissions could be dispensed.  In one of his first presidential acts, Jefferson canceled delivery of the remaining commissions


(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: constitution; scotus
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1 posted on 03/07/2025 10:53:45 AM PST by SeekAndFind
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To: SeekAndFind

…Anything they want if he fails to stand up for his own Branch…


2 posted on 03/07/2025 10:54:58 AM PST by TalBlack (Their god is government. Prepare for a religious war.)
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To: SeekAndFind
Abraham Lincoln, during his presidency, took the position that the Supreme Court’s decision in the Dred Scott case was against the proposition in the U.S. Constitution that “all men are created equal.”  In retrospect, it would appear Lincoln was right.

In a speech supporting his constitutional opinion with respect to Dred Scott, Lincoln quoted President Andrew Jackson:

[T]he opinion of the Supreme court ... ought not to control the co-ordinate authorities of this Government.  The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution.  Each public officer, who takes an oath to support the Constitution, swears that he will support it as he understands it, and not as it is understood by others.


In office, Lincoln both rejected and disregarded the Dred Scott ruling, having found it unconstitutional as well as being based on fake history.
3 posted on 03/07/2025 10:55:37 AM PST by SeekAndFind
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To: SeekAndFind
The thing is, the Executive is a co-equal branch of government. As such, it is permitted to have its own views on what is constitutional — or not. The founders’ view was that the Supreme Court — being a co-equal partner in governance with the president — has not the power to compel executive compliance with any judicial ruling, even its own.

Marbury vs. Madison

4 posted on 03/07/2025 10:56:39 AM PST by Common Sense 101
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To: TalBlack

“Anything they want if he fails to stand up for his own Branch…”

They have no power. They need the DOJ.


5 posted on 03/07/2025 10:57:33 AM PST by TexasGator ('1I1.I'')
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To: SeekAndFind
Three co-equal Branches, intentionally created to compete with each other for power, so that they are not exclusively spending all their time taking power from We the People. (Another reason that the Senate was meant to be the STATE'S House, protecting their powers there, until "Progressives" ruined that in 1913 with the 17th Amendment).

Trump is neither more or less powerful than SCOTUS... they simply have different powers and responsibilities and focal points...

(But Trump's Branch DOES have quite a few more tank divisions, sooooo...)

6 posted on 03/07/2025 11:00:30 AM PST by Teacher317
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To: Common Sense 101

Well, doesn’t this also mean that Joe Biden can forgive tens of thousands of student loans and ignore the Court’s decision?


7 posted on 03/07/2025 11:00:48 AM PST by SeekAndFind
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To: TalBlack

James Burnham and Sam Francis wrote extensively on this topic.

Power is what you exercise.

If you don’t use it you lose it.


8 posted on 03/07/2025 11:02:59 AM PST by cgbg (The Democrat Party is a criminal enterprise.)
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To: SeekAndFind

Sooner or later Trump is going to have to exercise this power to keep the judiciary in their own wheelhouse.


9 posted on 03/07/2025 11:14:14 AM PST by dforest
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To: SeekAndFind

Trump is playing 4D chess with USSC and Barrett and Kavanaugh are walking down the path toward the brick wall known as the Three Co-Equal Branches of The Government doctrine. Trump is waiting for the right “most unconstitutional ruling” from these fakers to snap the trap. I think it will be the Tic Toc CAN BE shutdown ruling. That will give Trump the largest possible number of supporters and collapse the facade of the USSC being to leader among equals. The Democrats will also fall into the trap of being FOR the shutdown thereby alienating them from millions of young voters.
This Trump move will sap the Court’s authority and give the power to govern back to the elected Executive.
Commenting on the Tic Toc case Kavanaugh remarked that the decision will hold “unless the Executive decides to ignore it.” Maybe this is Kavanagh’s subtle signal to Trump that “Yes THIS is the case you (we) have been waiting for.
Nevertheless, if the showdown is not this case it will be another.
Trump is unafraid to act decisively as closing down the Dept of Education shows.


10 posted on 03/07/2025 11:16:31 AM PST by jmaroneps37 (Freedom is never free. It must be won rewon and jealously guarded.)
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To: SeekAndFind

Well, since they never enforced their court decrees on Obama or Biden, it appears that they can’t force President Trump to do anything either.


11 posted on 03/07/2025 11:18:21 AM PST by mass55th (“Courage is being scared to death, but saddling up anyway.” ― John Wayne)
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To: cgbg

They tried to kill Trump and to put him in prison for the rest of his life, so what is now fair play?


12 posted on 03/07/2025 11:19:10 AM PST by MtnClimber (For photos of scenery, wildlife and climbing, click on my screen name for my FR home page.)
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To: SeekAndFind

It’s an attempt at a judicial coup, don’t you see it?

Unconstitutional usurpation of the powers vested to the executive.


13 posted on 03/07/2025 11:21:27 AM PST by Biblebelter
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To: SeekAndFind
In office, Lincoln both rejected and disregarded the Dred Scott ruling,

In respect to the AT article, SCOTUS decisions aren't "rulings". Calling them such adds to the impression that SCOTUS has more power than the Constitution says it does.

14 posted on 03/07/2025 11:21:57 AM PST by Tell It Right (1 Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: SeekAndFind

Trump is going to have to just ignore them at some point and declare that circuit/district judges have “no jurisdiction” over certain executive decisions, such as those based in the 1952 immigration act that is being used as the legal basis for many deportations. It would be best, in fact, if - in those cases - they did not even file an answer to lawsuits, and refuse to appear at hearings, and ignore all rulings with just a single, terse sentence in response. This is CRITICAL to re-establish Executive authority that has been willfully eroded for over a century.


15 posted on 03/07/2025 11:24:51 AM PST by montag813
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To: SeekAndFind

There are three branches, but they’re not coequal. The Congress reigns supreme.

Congress can remove the president and any federal justice from office. In this sense they’re supreme.


16 posted on 03/07/2025 11:26:37 AM PST by TheDon (Remember the J6 political prisoners! Remember Ashli Babbitt!)
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To: Common Sense 101
Marbury vs. Madison

Was just a ruling, like any other. It can also be ignored.

17 posted on 03/07/2025 11:27:40 AM PST by montag813
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To: TheDon

Trump can ignore the judicial branch at the peril of being removed from office by Congress.

There’s nothing the judicial branch can do to force the executive branch to bend to their will.


18 posted on 03/07/2025 11:29:16 AM PST by TheDon (Remember the J6 political prisoners! Remember Ashli Babbitt!)
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To: All

Like Stalin said of the Pope,”How many divisions does he have?”


19 posted on 03/07/2025 11:31:48 AM PST by bennowens
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To: SeekAndFind

They can’t do a bloody thing. They’re only one branch. That’s why the Founders created 3 branches. As balance. Fag marriage should never have been implemented. The pigs in scotus created law. That’s not within their purview. Their job is simply to interpret and implement existing law.


20 posted on 03/07/2025 11:31:59 AM PST by LouAvul (1 John 2:22: He that denies that Jesus is the Christ is a liar and antichrist. )
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