Ahsim, in the military, we spoke frequently about following lawful orders, even at the enlisted…
David Cearley
31

Ahsim, in the military, we spoke frequently about following lawful orders, even at the enlisted level. Few blindly follow orders. More importantly while enlisted personal swear an oath to follow the orders of officers appointed over them, officers swear an oath to protect the constitution from all enemies foreign or domestic. If a president issues orders and military leaders believe he has exceeded his constitutional authority, they may very well refuse to follow them.

That’s good. But it still depends on the ethical judgement of those in the various armed forces and those in government. I was asking about the ability of the Courts to actually enforce their Judgements. I don’t think they have any such ability, is all.

mr Obama lost half his constitutional legal challenges, a far higher percentage than any previous administration.

Possibly, though I would still like to have a Source on that. On both those things, actually, to be as specific as possible — so both on the claim that President Obama lost half his Constitutional Legal Challenges, and on the claim that this percentage is far higher than that of any previous Administration. But even if those claims are true, they would be completely independent of the complete and wholly unprecedented [yes, also unprecedented under Obama] disregard Trump has for the Courts, Congress an the Press, who are the 3 controlling powers on the Executive. There is a reason, for example, that the Press is often referred to as the Fourth Estate.

but it is the progressive left which currently represent the greatest actual threat to democratic governance and the right of the people to choose their own leader.

Yeah, you see, I think you and I have a fundamentally different idea on what Democracy entails. It’s not, actually, about the right to elect your leaders (the Executive Branch) or Representatives in Parliament (the Legislative and Checking Branch). Because the “Democracy” literally means “Power of the People”, and the right to vote doesn’t bestow all that much power. Rather, Democracy is the ability of the People to hold their leaders, more specifically those in the Executive Branch of Government and to a lesser extent in the Legislative Branch of Government, in check and to hold them accountable for their actions. Now, since ordinary folk tend to have far less power and resources than those in the Executive Branch, they need a mediating force; an institution with the ability, both de jure and de facto to force those in the Executive Branch, and most notably the President when it comes to the United States, to act according to the will of the people. In a functioning Democracy, there are 3 institutions that help do that: Congress, which makes Laws, sure, but also has (or at least should have) the ability to enforce it’s will on the President and the rest of the Executive Branch; the Judiciary, which has the ability to overturn any decision made by the President if it doesn’t hold up to the Laws made by the Legislative Branch, and especially if it doesn’t hold up to the Constitution; and the Press, who inform the People of the missteps of those in power, so that the People may use their Democratically guaranteed power — most often through means of the other 2 Institutions I mentioned — to counteract those missteps… or to enforce their own will if the Executive and Legislative Branches refuse to act.

Isn’t it funny that the three Institutions Trump rails against the most, and those that he continues to disregard in every possibly way he can manage, are the ones that give, or at least should give, power to the People instead of to him? And that, my friend, is why we call the Trump Administration the greatest threat to Democracy the U.S. has ever faced, because the Trump Administration, more than any other Administration before it, undermines the three Institutions that form the bedrock on which Democracy stands.

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