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▲ duxup 2 days ago

The laws exist, SCOTUS majority just doesn’t want to enforce them because their guy is in power.

▲softwaredoug a day ago | parent [-]

Maybe but I think it’s more about they think in terms of unitary executive. So if there’s any discretion given the agencies - I don’t know in this case - SCOTUS lets the president decide.

In many ways this is more how a parliamentary democracy exists that a republic.

▲duxup a day ago | parent [-]

POTUS power has already extended well beyond even congress.

▲softwaredoug a day ago | parent [-]

How? Congress has given tremendous discretion to POTUS. This President is actually using it.

Congress assumed

- it had a legislative veto (any committee could override an agency)

- independent agencies existed.

So it gave broad authority with those assumed checks.

SCOTUS declared legislative veto unconstitutional in 1982. And administrative state is actively going away.

So POTUS can do a lot of damage using the law itself.

This is the new system. Dems need to use it too.

▲Alive-in-2025 a day ago | parent | next [-]

So we had this creeping loss of power to the president over time in the last 20 or 50 years, including investigations in the 1970s or dealing with Nixon. But Congress never really decided this in one big step, it just happened slowly by pushes from the heritage foundation and others. Congress can take back its power. There's a reason why the Republicans are trying to gerrymander the house so the Democrats don't get a majority. It wouldn't just fix it but it would be a start towards starting to block overreach

▲duxup a day ago | parent | prev [-]

Tariffs is the obvious example.