The Executive Branch is the strongest branch of government, by far. And it is FAR too strong. Congress, the branch closest to the people, should be the strongest, but has frittered away power to the Executive.
The Judiciary is the weakest branch, by far. With a single piece of legislation, Congress could wipe out virtually the entire federal judiciary. They could wipe out the District Courts, the Courts of Appeals and the Trade Court in a single stroke and pass all the jurisdiction to the State courts. They could completely cut off the Supreme Courtâs jurisdiction to hear appeals from the State Supreme Courts, essentially making the judiciary of each State the final arbitrator of Constitutional law in that State. The only thing Congress cannot cut off is the Supreme Courtâs original jurisdiction.
And most of the decisions that come out of the Supreme Court are statutory interpretations, meaning that Congress can override them by updating or revising the statute.
And one final note about power.
Which guy has a military attache following him about that carries the nuclear codes that could result in World War III and the destruction of all human existence?
A. John Roberts
B. Donald Trump
Only one of those two men have the absolute power of life and death over every human being.
Now you go find out which one of those men have the âfootballâ and try again as to which branch is more powerful.
And only 2/3rdâs of both Houses of Congress and 38 States can change the Constitution.
The Judiciary can only interpret it.
And the vast majority of Supreme Court decisions are statutory interpretations, non Constitutional interpretations. And many of the challenges made to agency regulations or Presidential Executive Orders are raised under the Administrative Procedures Act, an act passed by Congress to ensure that Executive Branch actions could be challenged in court.
It is CONGRESS that enabled, long ago, the many lawsuits you see today. Without the Administrative Procedures Act, most Executive Branch actions could not be challenged.
Congress could repeal the Administrative Procedures Act.
The President and Congress are far more powerful than the Judiciary and it isnât even close.
The fact that individuals in two of the branches are elected and in one branch are term limited are irrelevant. The branches themselves are continuous.
This is what amuses me greatly that there appears to be no appreciation that what they countenance today from Trump may be repeated when there is a Democrat president.
An executive order couldnât over rule that? For example Trump couldnât divert money from one budget to fund something else that he couldnât get passed though congress?
Such small thinking. Itâs only power if you use it. When a district judge on the northern border can stop an action on the southern border, thatâs power.
Wrong contest Sneaky. It has nothing to do with a northern border judge ruling on the southern border.
It has to do with diverting funds from Naval Submarine Base Bangor, which is in Washington State. As Fox news points out it is home to nuclear submarines that carry nuclear ballistic missiles. The ruling impacts funds being diverted from part of our national nuclear deterrence and has no impact on other funds which may still be used for Trumps âMission Accomplishedâ wall.
No it doesnât. The Judge DOES have jurisdiction over in the State of Washington, completely opposite of what you tried to imply which was a Washington State Federal Judge was rulling on the Southern border wall. He didnât. He ruled on the federal funds being diverted from a Federal base in his jurisdiction.