The executive power being vested in a single person is a much bigger issue on paper. Jackson already proved the Supreme Court is toothless even when it works as intended.
I think what they are saying is that SCOTUS could simply declare someone (like the current president) to be king if they wanted, because there is no legal check on their authority
Of course. But Jackson proved you don’t even need a corrupt Supreme Court. The executive branch led by one person can decide not to enforce their ruling. I think our impeachment mechanism for removing someone from power isn’t enough to prevent a dictatorship (or even fraud in the case of Santos and Fetterman). Outside of federal judges who have very little political capital, there’s been zero full impeachments + removals of federal officials. I’m not counting resignations before removal in that.
The executive power being vested in a single person is a much bigger issue on paper. Jackson already proved the Supreme Court is toothless even when it works as intended.
I think what they are saying is that SCOTUS could simply declare someone (like the current president) to be king if they wanted, because there is no legal check on their authority
Of course. But Jackson proved you don’t even need a corrupt Supreme Court. The executive branch led by one person can decide not to enforce their ruling. I think our impeachment mechanism for removing someone from power isn’t enough to prevent a dictatorship (or even fraud in the case of Santos and Fetterman). Outside of federal judges who have very little political capital, there’s been zero full impeachments + removals of federal officials. I’m not counting resignations before removal in that.