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To: outlawcam
Let me ask you a more general question, using your language. Is there any order a court can make that the executive would be bound by his oath to defy?

Sure. Now, let me ask you, are there court orders that the executive cannot defy?

168 posted on 02/04/2008 4:14:22 PM PST by LexBaird (Behold, thou hast drinken of the Aide of Kool, and are lost unto Men.)
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To: LexBaird
Sure. Now, let me ask you, are there court orders that the executive cannot defy?

The answer is "no," but let me explain what I mean.

There is nothing any court can order that anyone cannot defy, so the executive is not unique in that respect. The only differences are 1) the authority vested in each party and 2) the consequences of defying said order.

Each order has its own set of consequences that is dependent on other magistrates to carry out.

In the case of the executive disagreeing with the judiciary, one must recognize that the court does not hold a superior position over either of the other two branches of government, but there are checks and balances to prevent abuse of power (except when, as we've seen over and over again -- including in this case -- the legislature and/or the executive refuse to stand up to the arbitrary whims of an increasingly brazen judicial oligarchy).

If the legislature believes the executive has not fulfilled the obligation of his office, they can remove him at their discretion. If they do not impeach and remove him, but the people disagree with his decision, they can replace him with someone else according to their laws concerning elections.

However, if he is upholding his oath of office, and the legislature and the people agree, he is safe from reprimand on that account, and the judiciary have not control over the force or the purse, so their decision carries the weight of neither.

169 posted on 02/04/2008 7:39:40 PM PST by outlawcam (Would you rather shout at the devil from across the aisle, or have him whisper in your ear?)
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To: LexBaird
BTW... to contrast... If you or I were to defy a court order according to our beliefs, we must also be held accountable for our actions in one way or the other, too.

The executive can choose to pursue, or not to pursue. A jury of our peers (a political body as well as a judicial one) can choose to convict or exonerate us.

And the legislature can change the law that we protested in our defiance of it, at their discretion.

170 posted on 02/04/2008 7:43:20 PM PST by outlawcam (Would you rather shout at the devil from across the aisle, or have him whisper in your ear?)
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