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Flippin’ Jersey's avatar

Once again, Trump needs to invoke the ghost of Andrew Jackson, “the court has made its decision, now let it enforce it.” What’s the worst that might happen? They’ll be mad? The MSM will call him Hitler (I prefer Mango Mussolini) more often? Pundits will declare he is a totalitarian? A fascist? Destroying democracy?

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Peter Nayland Kust's avatar

The Democrats have worked long and hard to normalize a narrative that whatever the courts say must be obeyed. The problem with that narrative is that it is anathema both to a textual apprehension of the United States Constitution and the trajectory of US law in general.

A great many powers delegated to the Executive Branch are by design "beyond judicial review". Even the Roberts Supreme Court has acknowledged this in its recent rulings regarding the Alien Enemies Act.

The IEEA, by its wording, would appear to be a law that is among those largely beyond judicial review. The courts do not get to decide when a Presidential emergency declaration is invalid--that duty is left to the Congress and to the Congress alone.

The courts are determined to impose judicial diktat on the Executive Branch, which make the current crop of miscreant federal judges the biggest threat to the proper Constitutional order this county has faced in quite some time (arguably even bigger than the metastasizing scandal of the Biden Charade and the use of the Autopen).

At some point President Trump is going to be compelled to tell the Article III Judiciary "Go To Hell." When he does, the MAGA Coalition will likely cheer him on and the progressives will have a fresh fit of apoplexy.

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Gbill7's avatar

THANK YOU for answering this question of who has the power, Peter. What a genius legal mind you have!

So, do you have some confidence that the Supreme Court will rule correctly, or are they too politicized to be counted on for an accurate interpretation?

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Mystic William's avatar

If he loses on appeal he can still block trade in various industries and from various countries.

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Peter Nayland Kust's avatar

Given the prior views that the President DOES have authority to impose tariffs under the IEEA, I hope the Supreme Court puts the International Court of Trade back in its judicial place.

I don't know that it will, however.

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