Originally posted by hotpinkurinalmint
reply to post by endisnighe
Are we, as Supreme court judges, supposed to follow Supreme court precedents? Or are we just supposed to rule as if no precedent existed.
There is a rich body of Administrative law that gives the Executive branch a fair amount of latitude to make regulations that have the force of law, provided those regulations do not conflict with Congressional statutes.
If Congress does not like what the executive branch is doing, it has two main options. First, it may rewrite or amend a previous law, or spell it out in greater detail how the Executive Branch must act. Of course, the President has the right to veto the bill if he disagrees with it, so, in practice, a 2/3 majority if often required to override an Executive Order.
Congress is less likely to challenge EOs that deal with foreign policy, national defense, or the implementation and negotiation of treaties, as these are powers granted largely to the President by the Constitution. As the Commander-in-Chief of the armed forces, the President is also considered the nation's "Chief Diplomat." In fact, given national security concerns, some defense or security related EOs (often called National Security Directives or Presidential Decision Directives) are not made public.
In addition to congressional recourse, Executive Orders can be challenged in court, usually on the grounds that the Order deviates from "congressional intent" or exceeds the President's constitutional powers. In one such notable instance, President Harry Truman, was rebuked by the Supreme Court for overstepping the bounds of presidential authority. After World War II, Truman seized control of steel mills across the nation in an effort to settle labor disputes. In response to a challenge of this action, the Supreme Court ruled that the seizure was unconstitutional and exceeded presidential powers because neither the Constitution or any statute authorized the President to seize private businesses to settle labor disputes. For the most part, however, the Court has been fairly tolerant of wide range of executive actions.
Stanton v. Baltic Mining, 240 US 103 (1916), the following: “… that by the previous ruling it was settled that the provisions of the Sixteenth Amendment conferred no new power of taxation, but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged and being placed in the category of direct taxation subject to apportionment by a consideration of the sources from which the income was derived…”.
Peck & Co. v. Lowe, 247 US 165 (1918), the Supreme Court stated, in part: “The Sixteenth Amendment … does not extend the taxing power to new or excepted subjects …”
Georgia v. Brailsford 3 U.S. 1 (Dall.) (1794) is an early United States Supreme Court case where the presiding judge of the Court instructed the jury, in part, that a jury has a right to judge the law as well as the facts. This case is often cited as precedent by proponents of jury nullification.
Originally posted by jam321
If he is not interpreting law, then why does he have a pending executive order that talks about the new bill and nonetheless awaits passage of the new bill?
Originally posted by endisnighe
Alright folks, you guys could be Supreme Court Justices in my eyes!
Star for EVERYONE, even thoughs that disagree with my stance!
Originally posted by Sky watcher
reply to post by Maxmars
This is a socialist bill being forced on us by a bunch of Socialist who care only about their wallets not ours.
It does not talk about the new law. It talks about old law.
Section 2. Strict Compliance with Prohibitions on Abortion Funding in Health Insurance Exchanges. The Act specifically prohibits the use of tax credits and cost-sharing reduction payments to pay for abortion services (except in cases of rape or incest, or when the life of the woman would be endangered) in the health insurance exchanges that will be operational in 2014.