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HeyBub[_3_] HeyBub[_3_] is offline
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Default Under new bill, Americans can be arrested and taken to Guantánamo Bay

Han wrote:
"Robert Green" wrote in
:

sorry for snipping relevant prior text
Those are the sort of things that Han and I worry about that don't
seem to bother you. It's been alleged that more than one president
used the FBI to gather dirt on their political enemies, Presidents
from both parties. Power corrupts and absolute power corrupts
absolutely.


The last statement is an obvious one, and sad to say rather relevant
in view of Gingrich' reported sttement that if elected he'd do as he
saw fit, and SCOTUS be damned (paraphrased!).


"Despite the Supreme Court decision, [Andrew] Jackson took no action to
uphold the Court verdict, and in fact would openly defy it; he was quoted as
saying "[Chief Justice] John Marshall has made his decision [on the Indian
Removal Act of 1830], now let him enforce it!". As the court has no
executive powers to enforce its decisions, Jackson's executive disregard of
the court, marked a time when the Judicial branch of government was very
weak."

As to whether Gingrich would defy a Supreme Court order, it may not be
necessary. Congress has the power to anoint a law as being outside the
scrutiny of the federal courts. While this ability is rarely used, if the
Gingrich presidency is blessed with a Republican majority in Congress, what
the Court thinks could be rendered irrelevant.

Still, it is a feature of our government's organization that no branch can
order anything of another branch. The executive branch cannot compel
congress to pass a specific law and the courts cannot demand the president
do squat. That most conflicts are settled with comity and deference does not
mean that they ALL have to be handled in a civilized manner.