Quote:
Originally Posted by PaulS
So since other executive actions have been over turned by the courts this one should be also if it's unconstitutional. Ordering Japanese Americans to camps, nationalizing steel mills or ending racial segregation in our schools weren't the minor things you implied above. You being "wicked smart" should know that (or was it "wicked successful")?
Anyone can file a lawsuit to get this over turned if they think it's illegal or I guess the constitution can be changed to prevent this in the future.
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Anyone can file a constitutional law suit in the Supreme Court only if they have standing--which it would be difficult to do in the case of presidential executive action. Even Congress would find it difficult, if not impossible. The Court has narrowed, over time, the ability to bring suits, perhaps for political reasons, or perhaps to keep from being inundated with suits.
It was, ultimately, left up to the branches of government, specifically the Congressional and Executive, to protect their own turf. When Congress doesn't do so for fear of public opinion and losing a next election, it abrogates its own power and sets a loose precedent for the Executive branch to usurp and steal that power from Congress. This is exacerbated even further by politics being played even within the Congress itself. If enough of the President's party in Congress backs him up rather than protecting the congressional power exclusively given in the Constitution, nothing can be done to stop the transfer of power from Congress to the President. And bad precedents will be set to justify future Presidents, even from the opposition party, from doing the same. It erodes the constitutional order and creates the haphazard ideological governance that we increasingly drift into. Or, perhaps, we INTENTIONALLY are driven into by ideologues who want to destroy the constitutional order and replace it with rule by ideological elites through a purely administrative governance by an all powerful unitary central government. One which has no inconvenient obstacles such as separation of powers, or even a Constitution which prescribes that separation.
Here is an article on the "standing" required to bring lawsuit which might interest you:
http://dailycaller.com/2014/02/07/wh...utive-actions/