The Deportation of Kilmar Armando Abrego Garcia

#1,276
#1,276
MontyPython said:
More specifically, you would argue that the executive branch can simply set aside a judicial branch ruling by not enforcing it?

Isn't that the definition of a Constitutional crisis partner?

SPOILER: YES.
Click to expand...
As the executive branch is a co equal branch government, no one can force them to take any particular action. Now throughout the nations history, the executive has pretty much submitted to the judicial but there is no enforcement mechanism to compel them to do so. Not good it happens; but Constitutionally, there is nothing to prevent it.
It becomes a game of rock paper scissors between the three branches if push comes to shove. The judiciary’s ONLY power rests in respect for its authority. There has always been the danger all the way back to Andrew Jackson that the executable simply not provide that respect.
 
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#1,277
#1,277
MontyPython said:
More specifically, you would argue that the executive branch can simply set aside a judicial branch ruling by not enforcing it?

Isn't that the definition of a Constitutional crisis partner?

SPOILER: YES.
Click to expand...

Yes, it's happened before.

No, I wouldn't consider it a constitutional crisis. There is a 3rd branch of government that can settle the dispute.
 
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#1,278
#1,278
OrangeTsar said:
As the executive branch is a co equal branch government, no one can force them to take any particular action. Now throughout the nations history, the executive has pretty much submitted to the judicial but there is no enforcement mechanism to compel them to do so. Not good it happens; but Constitutionally, there is nothing to prevent it.
It becomes a game of rock paper scissors between the three branches if push comes to shove. The judiciary’s ONLY power rests in respect for its authority. There has always been the danger all the way back to Andrew Jackson that the executable simply not provide that respect.
Click to expand...
So... you wanna live under Rule of Law or... Executive Branch simply makes up the rules as we shuffle forward?

Mhhmmmm.

The day the Executive Branch and our President starts making law... this experiment in democracy is kaput.
 
#1,279
#1,279
BeardedVol said:
It would be a Constitutional crisis of Trump's making should he pit the Director of the Marshals service against the DOJ, attempting to carry out the lawful order of the court, by having Pam Bondi order him to refuse to do so.

An Attorney General with integrity would refuse to do such a thing, but it's Pam Bondi we're talking about so...
Click to expand...
Sort of like AG Garland ignoring all Congressional referrals for contempt of Congress during the Biden years. Or Obama‘s AG Holder not arresting himself on contempt of Congress charges? THAT kind of integrity?
 
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#1,281
#1,281
8 U.S.C. § 1324 – “Any person who, knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever…knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law….[may] be fined [and] imprisoned not more than ten years, or both.”
 
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#1,285
#1,285
hog88 said:
The US Marshal Service is a branch of the DOJ which is part of the executive branch.

Again I say, the judicial branch of our government is dependent on the executive branch to enforce it's rulings/orders. Now, a battle between the judicial branch and the executive shouldn't happen but it has several times in our history. Even some of our "best" presidents have gone much further than Trump in ignoring, threatening and chastising the federal judiciary.
Click to expand...

Who is charged to carry out the courts orders. A federal judge finding a DOJ attorney in contempt, and giving a lawful order for the attorney to be held, would still fall to the U.S, Marshals to carry out. If Pam Bondi, in her capacity as Attorney General attempts obstruct the Marshals from enforcing a lawful order from a federal judge, then she's going to open herself up to impeachment, or she would if the House wasn't chocked full of republicans that fear being primaried more than they care about the Constitution.

1746481160915.png
www.usmarshals.gov

What We Do—Duties and Operations | U.S. Marshals Service

The United States Marshals Service occupies a uniquely central position in the federal justice system. It is the enforcement arm of the federal courts and is
www.usmarshals.gov www.usmarshals.gov
 
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#1,287
#1,287
It’s not lost on me that those who ignored the Biden and Obama administration regularly ignoring judicial orders now think that there’s a constitutional crisis.

It’s like people are completely ignorant of history.
Everyone should take a look at each president and how they have interacted with the courts. Start with Abraham Lincoln
 
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#1,289
#1,289
BeardedVol said:
Who is charged to carry out the courts orders. A federal judge finding a DOJ attorney in contempt, and giving a lawful order for the attorney to be held, would still fall to the U.S, Marshals to carry out. If Pam Bondi, in her capacity as Attorney General attempts obstruct the Marshals from enforcing a lawful order from a federal judge, then she's going to open herself up to impeachment, or she would if the House wasn't chocked full of republicans that fear being primaried more than they care about the Constitution.

View attachment 740211
www.usmarshals.gov

What We Do—Duties and Operations | U.S. Marshals Service

The United States Marshals Service occupies a uniquely central position in the federal justice system. It is the enforcement arm of the federal courts and is
www.usmarshals.gov www.usmarshals.gov
Click to expand...

Nothing happened to Holder when he refused to enforce contempt of congress orders.

Precedent is set, and it was done by your guys.
 
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