Article III of the Constitution Is Dead
A provocative title and one that is a bit exaggerated, but there's an essence of truth in that claim.
Article III establishes the judicial branch and the court system.
If you haven't been following the news, recently, the Trump administration defied a federal judge's order that it turns around a plane carrying deported Venezuela migrants deemed to be members of a foreign gang. Trump's border czar replied that "I don't care what the judges think".
My view is that Trump, as the President, is allowed to deport them, but not by using the Alien Enemies Act to deny them hearings.
I think this marks the opening salvo of the executive branch defying the orders of a representative of the judicial branch.
Now, I think Trump will get away with it and won't pay a legal price (and the political price will be marginal) because even Democrats won't bat for the rights of asylum seeker immigrants, especially those accused of being gang members (and I don't think they should, as sad as the pragmatic reality is).
And during Biden's term, Biden did try to throw shit at the wall until he could find a law that allows him to bypass the Supreme Court's judgment that he cannot undiscriminantly cancel student loan debt.
My questions are:
Has America crossed the Rubicon where there is no judicial constraint on executive power, except when the President's actions are unpopular?
Is it now the reality that the only checks on the President's power are elections and voters and not the judicial or legislative branch?