A federal judge appointed by President Trump issued a sharply-worded opinion ruling that ICE had violated the constitutional rights of detainees in Minnesota.
Maybe it’s me who just doesn’t understand the law, but it’s exhausting constantly seeing judges determine ICE is flagrently violating the law and all they do is say “oh now you’d better stop breaking the law”… Is it beyond the purview of the judiciary to impose actual penalties for wrongdoing?
The executive branch enforces the judicial branch’s interpretation of the laws passed by the legislative branch. I believe there’s a small judicial police department, but really all of the checks and balances we were taught about are gentleman’s agreements. If say the legislative branch decides that the head of state is God king of the golden shower, praise be upon him, and the executive branch agrees, it doesn’t really matter that the judicial branch thinks it’s illegal.
They have the Marshalls. But they can also deputize people to enforce Court orders.
The biggest hurdle federal judges face right now is the pardon power. They effectively can’t hold the administration in criminal contempt because Trump can make it go away.
Which leaves them with civil contempt, which is really difficult to enforce.
American judges have also been hobbled by decades of Republican legislation and judicial interpretations.
The American legal system has fucked itself into a corner where judges have to make these incredibly dumb technical rulings in specific interpretations and precedence, whereas as judges in many other western countries have much more freedom to look at the big picture or take into account systemic effects.
Is it beyond the purview of the judiciary to impose actual penalties for wrongdoing?
Sort of. The problem is, the country has gotten so completely apathetic and desensitized that no one is ensuring the Executive branch is kept in check. This is what happens when you allow one branch of government to become so completely corrupted. Especially the branch that actually has the muscle/dumb grunts.
Maybe it’s me who just doesn’t understand the law, but it’s exhausting constantly seeing judges determine ICE is flagrently violating the law and all they do is say “oh now you’d better stop breaking the law”… Is it beyond the purview of the judiciary to impose actual penalties for wrongdoing?
The executive branch enforces the judicial branch’s interpretation of the laws passed by the legislative branch. I believe there’s a small judicial police department, but really all of the checks and balances we were taught about are gentleman’s agreements. If say the legislative branch decides that the head of state is God king of the golden shower, praise be upon him, and the executive branch agrees, it doesn’t really matter that the judicial branch thinks it’s illegal.
They have the Marshalls. But they can also deputize people to enforce Court orders.
The biggest hurdle federal judges face right now is the pardon power. They effectively can’t hold the administration in criminal contempt because Trump can make it go away.
Which leaves them with civil contempt, which is really difficult to enforce.
The US Marshalls. Not that small.
American judges have also been hobbled by decades of Republican legislation and judicial interpretations.
The American legal system has fucked itself into a corner where judges have to make these incredibly dumb technical rulings in specific interpretations and precedence, whereas as judges in many other western countries have much more freedom to look at the big picture or take into account systemic effects.
Sort of. The problem is, the country has gotten so completely apathetic and desensitized that no one is ensuring the Executive branch is kept in check. This is what happens when you allow one branch of government to become so completely corrupted. Especially the branch that actually has the muscle/dumb grunts.