We Are the Fourth Branch of Government
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In high school, when we studied the separation of powers, I asked my civics teacher: “What happens if the executive branch ignores the judiciary?” He didn’t have much of an answer. It has happened before. One famous case was President Andrew Jackson’s refusal to enforce a Supreme Court ruling overturning Georgia’s seizure of Cherokee lands. “[Chief Justice] John Marshall has made his decision; now let him enforce it,” a defiant Jackson supposedly said. Georgia expelled the Cherokees in an act of ethnic cleansing known as the Trail of Tears. Lincoln shrugged off a federal judge’s habeas corpus order to release a Confederate sympathizer. The administration of George W. Bush defied the Supreme Court’s ruling in Rasul v. Bush (2004), ordering Guantánamo prisoners be given access to U.S. courts for habeas petitions. Still, presidents usually respect the courts. The Constitution’s checks and balances have mostly held up over 236 years. But there’s another factor—one that political scientists and teachers like mine…
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