@oralloy,
oralloy wrote:Brandon9000 wrote:So, if someone sued Congress for declaring war and a court declared that particular declaration of war unconstitutional, do you think that Congress should appeal to a higher court? I do not.
I'm not sure that Congress would be the one to make the appeal. I'd think the executive branch would appeal any court order instructing them to not fight the war.
You've said a lot of stuff which I think is wrong, but this conversation is getting unwieldy, so I will just respond to this section.
What you're saying is that if courts make decisions which are not even remotely within the power of the judiciary, such as sending troops into a particular battle, then no matter how immediate the need, even an urgent, immediate military need with battles in progress and tremendous military stakes, the executive should spend months going through an appeals process, no matter how grave the loss that results.
The point is that the courts are bringing about a Constitutional crisis by making rulings on the actions of other separate and equal branches of government in which they actually have no say. At present, any local judge can override the executive branch in matters which the Constitution actually delegates exclusively to the executive.
If a court, based on a law suit, ordered the president to commit suicide, do you think the president should appeal the decision, or would it make more sense to decide that the court was acting completely outside of its constitutional powers?
I think that you have failed to quote anything actually written in the Constitution (not precedent) which states that the president is required to obey court decisions. You've simply quoted me statements that the executive branch enforces the law, but court decisions are not laws.