Re:U.S. Supreme Court deems half of Oklahoma a Native Americ...
by krapp on Thursday July 09, 2020 @02:04PM
(#23783113)
I feel like that's implied by the "balance" part of "checks and balances."
It's also simply the fact that politics abhors a power vacuum. If one branch of government abdicates its power, that slack has to be taken up elsewhere.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ...
by wnoise on Thursday July 09, 2020 @04:53PM
(#23785076)
I would have hoped it could be taken up by the people.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ...
by hindsightbias on Thursday July 09, 2020 @06:49PM
(#23786166)
Many of "the people" have gotten lucky because SCOTUS went "their" way over the last few generations. Part of that lies with Executive choices for judges and some has been a wildcard (Kennedy, Roberts on ACA, Gorsuch for the last couple of weeks).
It could all spin based off of the next appointment.
But The Founders clearly thought Congress should be somewhere else than yelling from the sidelines.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ...
by krapp on Thursday July 09, 2020 @06:33PM
(#23786031)
The people have ceded their authority in this regard as well, through their own apathy and cynicism. Democracy requires an educated and engaged voting populace that actually believes effective government can exist and politicians should be qualified and held up to a standard.
The normal idea behind "checks-and-balances" is that if one branch exceeds their authority, the other two branches can serve as a check on abuse of that authority. The argument being made by GP, though, is pretty much the opposite: Congress isn't overstepping their authority, they're abdicating it. It's basically like they want to be 'checked' by the Supreme Court, because they don't want to have to take a clear stand in the first place.