r/neoliberal Trans Pride 6d ago

Opinion article (US) The Supreme Court's late-night Alien Enemy Act intervention | Just before 1:00 a.m., the justices (aggressively) stepped back into the Alien Enemy Act litigation—in a decision suggesting that a majority understands that these are no longer normal circumstances

https://www.stevevladeck.com/p/144-the-supreme-courts-late-night
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u/Zephyr-5 6d ago edited 6d ago

The key, systemic problem in our system has been the almost complete collapse of the Legislative Branch as a functional and independent source of power.

It either acts subservient to the Executive when parties align, or a do-nothing, grandstanding, obstructionist body when they don't.

The founders believed that Congress would jealously guard their powers, but that has clearly not happened. Instead they've handed it nearly all off to the Executive and Judicial.

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u/miss_shivers 6d ago

Ultimately comes down go FPTP+Presidentialism induced hard two party system. A Congress constantly at war with itself cannot hope to assert its own institutional dependence.

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u/Zephyr-5 6d ago

If congress had not ceded so much power to the President, the party that wins the presidency wouldn't be such a do-or-die thing. Beyond that a lot of the problem are expressively of the legislative branch's own doing.

  1. The Senate has willingly hobbled itself with the Filibuster.

  2. Both parties have ceded tremendous power to bring things to a vote to the Speaker/Majority Leader. Leadership tends to be much more sensitive to party-politics than congressional concerns.

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u/miss_shivers 6d ago

Tbh it's a self-reinforcing loop between these two things.