With the Republicans holding majorities in both the Senate and House of Representatives, the resistance to the Trump administration has moved from the legislative branch to the judicial branch
Donald Trump ’s multifront offensive against American allies, the country’s trading partners, entrenched government practices, deep-seated cultural norms, established political customs, long-standing economic assumptions and fixed social conventions has spawned scores of legal challenges – moving the locus of political conflict in the United States to the courts.
. At the same time, Mr. Trump’s allies are resisting the notion that those seeking to impede their efforts in the courts have standing to do so. Legal experts wonder whether Mr. Vance might have constructed that sentience with exquisite care. Is, for example, his statement about “the executive’s legitimate power” a tautology? In other words, if the power is “legitimate,” then there can be no problem with exercising it. That notion, too, is almost certainly heading to a court test.
There is little question, moreover, that the issue of birthright citizenship – a concept created in the 14th Amendment – is heading for a high-court decision. Then there is an unrelated but perhaps even more critical question that the Trump actions and the court responses will test: the willingness of the administration to abide by court decisions. Mr. Trump repeatedly has assailed the judicial system and there have been subtle suggestions that the administration won’t necessarily follow court orders – especially since federal courts have no power to enforce the decisions they render.
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