“Judges aren't allowed to control the executive's legitimate power,” Vance claimed on X on Sunday, after noting judges can’t “tell a general how to conduct a military operation” or “command the attorney general in how to use her discretion as a prosecutor.”
Vance and Vermeule’s posts have been met with heavy pushback, with Georgetown Law professor Stephen Vladeck saying in response to Vermeule, “Just to say the quiet part out loud, the point of having unelected judges in a democracy is so that *whether* acts of state are ‘legitimate’ can be decided by someone other than the people who are undertaking them.”
The judiciary branch is a co-equal branch of government to the executive branch and courts have long overturned presidential actions, including some of Trump’s in his first term.
While the Trump administration has not yet defied any of the court orders that have curbed his policies, doing so could set up an unprecedented constitutional crisis, in which Trump takes actions even if courts tell him they’re illegal.
No comments :
Post a Comment
ANONYMOUS COMMENTS WILL NOT BE POSTED!
please use either your real name or a pseudonym.