top | item 42941515

(no title)

paulproteus | 1 year ago

I found this helpful to keep me up to date on the legal situation of various executive orders: https://www.justsecurity.org/107087/tracker-legal-challenges... . Overall for me, 8 executive orders subject to restraining orders sounds like the executive branch vastly exceeding its authority, which for three weeks of government, sounds like a constitutional crisis.

discuss

order

kcplate|1 year ago

A “constitutional crisis” is a situation where the constitution does not provide a specific way to resolve a dispute between branches of government. Seems to me that in every case we have seen so far with Trump’s use of EOs, there is still open the possibility that courts or congress can intervene to resolve the ones in dispute.

In fact where we have seen significant disagreement with Trump’s EOs, courts have already intervened and paused EOs or portions of EOs where there is a reasonable question of the executive branch overstepping their authority. Ultimately if the executive branch successfully defends their actions when it reaches SCOTUS (or even in lower courts), there is no longer a dispute. You may not agree with that outcome, but that is different from something being a constitutional crisis.