Checks and Balances and the Supreme Court

I don’t have any business commenting about the recent Supreme Court decision. I can appeal to the old adage, “The only thing necessary for the triumph of evil is for good men to do nothing.” But the envisioned worse-case scenarios might be at an apocalyptic Judgement Day where the Courts, the Supreme Court, and the Justice branch have no real role in the governing of this country. So, I will not talk about a President assassinating his rivals, or stifling all dissent, a classic ‘strong man’.

What I can talk about is the three legged stool that our founding fathers built, finished with the Marbury versus Madison judgement — when the Supreme Court and the Justice branch asserted, “I am!” to both the Congress and Executive branches.

I have written before about the well-known encroaching power of the executive branch. In particular, I talked about how the Congressional authority of advise and consent for treaties has been leached by the innumerable ‘agreements’ that the Imperial presidency has made.

In like manner, we have a clear erosion of the Justice branch power. What was once subject to Supreme Court authority is now out-of-bounds to Presidential immunity.

No matter the reasoning, or the justification.

We clearly have a lessening of power to the Justice branch and an increase of power to the Executive branch.

I am surprised that the Court didn’t consider this. Or maybe they did and I didn’t read the decision!

One less check and balance.

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