1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
Westkost [7]
2 years ago
11

Does the Constitution allow a President to ignore a Supreme Court decision? Explain

History
1 answer:
IgorC [24]2 years ago
3 0

Answer:Our topic is whether President Trump, or any chief executive for that matter, can defy the U.S. Supreme Court. The beginning of the inquiry starts with the portrait of Andrew Jackson, our seventh president, which hangs famously or notoriously (depending on one’s political predilection) above Trump’s desk in the Oval Office. In the Supreme Case, Worcester v. Georgia (1832), the High Court sided with Native Americans and ruled against white settlers who sought to remove them from their land. President Jackson steadfastly refused to enforce the ruling informing the Court, “Chief Justice John Marshall has made his ruling, now let him enforce it.” Marshall did not take Jackson up on his offer and the order was never enforced.

Fast forward to the administration of Abraham Lincoln and his decision to suspend the writ of habeas corpus, a critical civil liberty protected by the Constitution. The Chief Justice of the Supreme Court, Roger Taney, ruled that only Congress, not the President, could take such constitutional action. Notwithstanding Taney’s abhorrent racist decision in Dred Scott, he was right on the law in this instance. Lincoln refused to enforce the Supreme Court order and was never challenged.

The above examples provide a precedential basis for President Trump to disobey an order from the Supreme Court, although Professor Loewy will adamantly disagree (no spoiler warning required). However, my view on this subject goes far deeper. There is no provision in the Constitution which expressly grants the U.S. Supreme Court the right to invalidate state or federal laws on the basis of constitutionality. In fact, the Federalist Papers, the definitive and singular source of the legislative intent behind the Constitution, makes clear that such power of review was never accorded. I will refer our readers to the writing of Alexander Hamilton who stated in Federalist Paper no. LXXXI that the Supreme Court was not granted such broad powers given the concern that it might exercise “Monarchical” authority contrary to the operation of a republican form of government. Said Hamilton, “In the first place, there is not a syllable in the plan (the Constitution) under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution.”

Explanation:

You might be interested in
What were the main goals of the occupation forces after ww2?
inessss [21]
After the second world war, the occupation of the German and Austrian regions was managed by 4 major powers: France, the United Kingdom, the United States of America, and the Soviet Union. The goals of these powers was twofold.

The first was the purging of National Socialist elements from Germany. After the war, thousands of Nazis escaped capture by the allies, with many returning to their lives as civilians. The occupying forces were attempting to ensure that these individuals would not exert major influence, and that Nazism would not rise again in post-war Germany. Here's an interesting orientation video produced by the US army during the post-war occupation period:
https://www.youtube.com/watch?v=e-EjnQwqbaQ

The second of these goals was the establishment of two new German states. The Soviet Union laid the ground work for what would become the communist German Democratic Republic in the late 1940s in the eastern half of Germany, while the allies established a market-liberal counterpart (the Federal Republic of Germany) in the west.
4 0
3 years ago
Why did American farmers organize collectives after the civil war?
aalyn [17]

Answer:

" The country entered an economic recession which cause average cost for materials was increased."

Explanation:

i think

4 0
2 years ago
Read 2 more answers
NEED HELP PLEASE.......
BigorU [14]
B I belive is the correct answer let me know if I’m wrong
6 0
2 years ago
Read 2 more answers
Which closing sentences to a story best show a character reflecting on a larger meaning found in a conflict?
goldenfox [79]
The answer is A. (apex)
4 0
2 years ago
Read 2 more answers
The international community responded to human rights abuses in South
Nonamiya [84]

Answer:

<u>B. refusing to trade weapons with South Africa.</u>

<u>Explanation:</u>

Indeed, in South Africa during apartheid (a period of racial segregation fueled by the government), the<u> international community,</u> specifically the United Nations in 1977 drafted a mandatory arms embargo<u>; </u>refusing to trade weapons with South Africa.

Such actions were taken in other to curb the <em>widespread</em> human rights abuses in South Africa at the time

8 0
3 years ago
Other questions:
  • Industrial production fell due to a lack of raw materials in Japan after WWI.
    9·1 answer
  • Who was franco pizzaro?who did he sail for and what did he do?
    10·1 answer
  • Election officers are chosen by the:
    11·2 answers
  • OPEC was formed in 1960 in order to
    7·1 answer
  • How did the stock market crash mainly lead to bank runs
    13·1 answer
  • Which of the following philosophies directly contributed to the start of the Enlightenment in the 17th century?
    15·2 answers
  • After the attack at Fort Sumter, what was the next major battle of the civil war?
    7·2 answers
  • An event organized for employers to meet with job seekers is called a _____. a. festival b. career fair c. town celebration d. j
    7·2 answers
  • Why didn't the founders of the United States form a direct democracy?
    9·2 answers
  • Match each country to their political beliefs
    8·1 answer
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!