It still amazes me that judges - the judicial branch - think they can overthrow the executive branch.
Literally this is their job to understand how they can't do that. Every judge that has attempted to usurp control of other branches of government should be instantly disqualified from holding any government position forever.
The Department of Education is an Executive agency. Every department of EVERYTHING, every agency, et cetera. All of them are Executive agencies.
The President, as the top executive of the executive branch, has the power to hire and fire every single one of his employees. Thats the Presidents job. He can't write laws or pass them, he can only rubber stamp already passed laws, or veto them for further review and be overturned if lawmakers outnumber his opinion. Thats the full extent of his legal capacity. No judge power. Limited lawmaking power to veto to request another vote. And then all the rest of his power is executive. Hire and fire, budget and spend, cut and dissolve.
Judges can't. They can't force Executives to spend more money. Or hire more people. Or fire more people. They can only interpret law. And teh Constitution is very plain-law specific about the separations of powers and what the Executive Branch is, versus what judges are.
Congress might step in too, which will be interesting. Then again that might blow up in their faces if the usual loudmouths try to overstep from Congress because their control is limited to granting the money to fund executive agencies - because in the past almost all Presidents were on the "spend more, grow more government" plan. They have no prepared response to an executive branch exercising its authority to NOT spend money. And it can't be forced to spend more. Congress has always had the power to limit the President's budget - but they have never had the authority to demand a President do more spending than he has asked for. All they can do is approve requests for more money. maybe try to pass new laws... but since the Constitution is clearly defining what they can't do (and in fact in a recent SCOTUS decision the Court actually says Congress has to explicitly define an Executive Agency's powers - so unless the DOE is already clearly defined in explicitly written law its already unconstitutional making its downsizing a necessity and judges who oppose even less legally literate.
Literally only review. "Is that an executive function as defined by the Constitution? Is that an executive authority granted by Congress?"
When it comes to closing its own agencies, the Executive has all authority here. There is no law, no COnstitutional Mandate saying "President can't close agencies President has created. President cant fire people President has hired."
The very idea of judges trying to pretend otherwise is laughable. They only prove they are unfit to serve.
Judicial have zero authority to do anything more than review. Activist judges melting down right now trying to write laws after their Roe V Wade hero story came crashing down. No law was ever passed making Roe a legal decision - and even after its overturn, where SCOTUS demanded Congress write a law just saying it on paper for real, Congress refused despite their party having the President and both halves of Congress.
It still amazes me that judges - the judicial branch - think they can overthrow the executive branch.
Literally this is their job to understand how they can't do that. Every judge that has attempted to usurp control of other branches of government should be instantly disqualified from holding any government position forever.
The Department of Education is an Executive agency. Every department of EVERYTHING, every agency, et cetera. All of them are Executive agencies.
The President, as the top executive of the executive branch, has the power to hire and fire every single one of his employees. Thats the Presidents job. He can't write laws or pass them, he can only rubber stamp already passed laws, or veto them for further review and be overturned if lawmakers outnumber his opinion. Thats the full extent of his legal capacity. No judge power. Limited lawmaking power to veto to request another vote. And then all the rest of his power is executive. Hire and fire, budget and spend, cut and dissolve.
Judges can't. They can't force Executives to spend more money. Or hire more people. Or fire more people. They can only interpret law. And teh Constitution is very plain-law specific about the separations of powers and what the Executive Branch is, versus what judges are.
Congress might step in too, which will be interesting. Then again that might blow up in their faces if the usual loudmouths try to overstep from Congress because their control is limited to granting the money to fund executive agencies - because in the past almost all Presidents were on the "spend more, grow more government" plan. They have no prepared response to an executive branch exercising its authority to NOT spend money. And it can't be forced to spend more. Congress has always had the power to limit the President's budget - but they have never had the authority to demand a President do more spending than he has asked for. All they can do is approve requests for more money. maybe try to pass new laws... but since the Constitution is clearly defining what they can't do (and in fact in a recent SCOTUS decision the Court actually says Congress has to explicitly define an Executive Agency's powers - so unless the DOE is already clearly defined in explicitly written law its already unconstitutional making its downsizing a necessity and judges who oppose even less legally literate.
What authority does the judiciary actually have on the president, constitutionally?
I keep looking back at Andrew Jackson’s assertion of “ok, now enforce that ruling.”
Literally only review. "Is that an executive function as defined by the Constitution? Is that an executive authority granted by Congress?"
When it comes to closing its own agencies, the Executive has all authority here. There is no law, no COnstitutional Mandate saying "President can't close agencies President has created. President cant fire people President has hired." The very idea of judges trying to pretend otherwise is laughable. They only prove they are unfit to serve.
Judicial have zero authority to do anything more than review. Activist judges melting down right now trying to write laws after their Roe V Wade hero story came crashing down. No law was ever passed making Roe a legal decision - and even after its overturn, where SCOTUS demanded Congress write a law just saying it on paper for real, Congress refused despite their party having the President and both halves of Congress.
They're impotent. And loudly announcing it.