So doesn’t that mean the US didn’t really ever have separation of powers? Sounds like the door to fascism wasn’t locked and we just used the honour system.
Yeah, that’s unfortunately right. So much of the American system is based on norms and ideals that we trusted our leaders to respect. The Supreme Court has seized their authority, and since they refuse to recognize Congressional oversight (the Chief Justice has regularly refused to appear before Congress), there’s very little we can do.
And who gets to decide if a lower court decision stands? You guessed it, the Supreme Court. This was always going to be their ultimate decision.
So doesn’t that mean the US didn’t really ever have separation of powers? Sounds like the door to fascism wasn’t locked and we just used the honour system.
Yeah, that’s unfortunately right. So much of the American system is based on norms and ideals that we trusted our leaders to respect. The Supreme Court has seized their authority, and since they refuse to recognize Congressional oversight (the Chief Justice has regularly refused to appear before Congress), there’s very little we can do.