Out of the three branches of government who has the most power?

Discussion in 'Political Opinions & Beliefs' started by Spooky, Mar 13, 2019.

  1. Spooky

    Spooky Banned Donor

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    Most of this has never been tested so it's all theoretical at this point.

    We have the Civil War to look at I guess but that's not relevant in all cases.
     
  2. Spooky

    Spooky Banned Donor

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    Only Chase was impeached and he was acquitted.
     
  3. kazenatsu

    kazenatsu Banned Donor

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    They could start ordering and threatening, but at that point it would basically be a legalized war between the courts and the executive branch, although someone would likely end up getting punished because this would not be seen as acceptable.

    In practice (if not in law) the Executive and those high up in that department are given special legal immunities that ordinary people do not get.

    I'm not sure what the specific laws are, but it would be decided by Congress, and I wouldn't be surprised if Congress had been very neglectful in writing the law and not made any exception for the Executive, such that the law technically gives the Judicial authority over the executive, even though in practice that is very doubtful.
     
    Last edited: Mar 16, 2019
  4. Spooky

    Spooky Banned Donor

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    I agree with that.

    They do ultimately have the majority of power outside of commanding our fighting forces who I think would probably sit this out.

    I would say it ultimately rests with the states but since they are represented in congress they would make their will known through that body.
     
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  5. Robert

    Robert Banned Donor

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    The President has the right to sign or veto congressional acts, such as a declaration of war, and Congress may override any such presidential veto.
    Long title: Joint resolution concerning the war ...
    Enacted by: the 93rd United States Congress
    War Powers Resolution - Wikipedia
     
  6. yguy

    yguy Well-Known Member

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    Sure they can, but they're all dead letters if the President refuses to enforce them - which, if they violate the Constitution, he is obligated to do per his oath of office.
     
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  7. Robert

    Robert Banned Donor

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  8. Spooky

    Spooky Banned Donor

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    But what is the meaning of Declaration of War.

    The Supreme Court has refused to address it.

    Many people believe it has nothing to do with authorizing fighting units but to simply give new powers to congress that the do not have in peace time such as raising more money or dealing with other nations.

    In fact, this was ripped off straight from England when it was added to the Constitution.
     
  9. kazenatsu

    kazenatsu Banned Donor

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    Not necessarily true. I could be wrong, but I believe the courts have the power to order arrests without the need for a prosecution.
    (Not sure in the specific law though, if all the agents are under the Executive)
     
    Last edited: Mar 16, 2019
  10. Spooky

    Spooky Banned Donor

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    Good point.
     
  11. Spooky

    Spooky Banned Donor

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  12. Robert

    Robert Banned Donor

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    (quietly sneaking out of the topic.) I love you but did my best.
     
  13. kazenatsu

    kazenatsu Banned Donor

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    It's a vague meaning, in practice.

    Congress is the one with ultimate authority to wage a war if they decide to.
     
    Last edited: Mar 16, 2019
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  14. Spooky

    Spooky Banned Donor

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    That begins to get complicated though.

    The president enforces our laws but does he control state police?
     
  15. Spooky

    Spooky Banned Donor

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    Great debate though, as always Robert.

    Wishing you and your family the best as always!
     
  16. Golem

    Golem Well-Known Member Donor

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    Exactly!

    In a complete Constitutional Crisis I'm sure State Legislatures could decide to start weighing in through their Representatives.
     
  17. kazenatsu

    kazenatsu Banned Donor

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    State agencies have to yield to the authority of federal agencies, but they might be allowed some leeway in specific situations if state officials believe certain federal officers can't be trusted. For a state to try to assert Constitutional issues defying the federal offices (overall), or especially Congress, would effectively be a rebellion.
     
    Last edited: Mar 16, 2019
  18. Spooky

    Spooky Banned Donor

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    They would have too I imagine.

    If the three branches get in a pissing contest someone is going to have to put an end to it.

    And I think that people have forgotten that it is the States who made the Constitution, nobody else.

    They all sent their representatives there, and argued about it, and came up with something but nowadays it has taken on this thing that seems to be all of its own and it's really not.
     
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  19. kazenatsu

    kazenatsu Banned Donor

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    I think Spooky is trying to discuss a Constitutional crisis that would not be resorting to physical conflict.
     
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  20. kazenatsu

    kazenatsu Banned Donor

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    Which is why originally it was state legislatures who appointed the Senators in Congress.
     
    Last edited: Mar 16, 2019
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  21. Spooky

    Spooky Banned Donor

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    Then we approach the tenth amendment and enumerated powers which ultimately will fall back on the judicial to decide.

    For instance, they've already determined that the federal government cannot force them to mandate a speed limit or drinking age but they can withhold funding if the state doesn't comply.
     
  22. Spooky

    Spooky Banned Donor

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    Which we should return to.
     
  23. kazenatsu

    kazenatsu Banned Donor

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    If Congress does not put pressure on the judicial. But in a full out hypothetical battle of legal force, they might.
     
  24. kazenatsu

    kazenatsu Banned Donor

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    Agreed. I read at the time they passed the 17th Amendment there was very little public debate about that side of the issue, how changing that might affect the structure of government and the concept of federalism.

    Probably most people at the time did not fully understand why that was the way it was in the Constitution's design. Which is why you should be very careful going about tinkering with the Constitution. Will likely have all sorts of unintended future consequences that will not be foreseen.
     
    Last edited: Mar 16, 2019
  25. Golem

    Golem Well-Known Member Donor

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    Love the thread!
     

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