• snooggums@lemmy.world
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    6 days ago

    We don’t need to change the constitution, because executive orders are a thing that is needed to communicate the executive branches intentions.

    We need to enforce the separation of powers to stop illegal executive orders from being implemented. We used to do that to some extent.

    • SoftestSapphic@lemmy.world
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      6 days ago

      Nobody has to comply with an executive order.

      Nobody is legally required to comply with any order in any situation if they don’t think it is moral.or ethical

      • snooggums@lemmy.world
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        6 days ago

        Hard to not comply when the results are enforced by those with the power to enforce them.

        “I’m not complying with this executive order.” doesn’t work when armed security throws you out of your office and cuts off access to do your job and you don’t get paid anymore. Hard to not comply when the police arrest and jail you for not complying. Hard to not comply when ICE arrests and deports you and your family.

        Even if you meant the government workers in the executive branch didn’t have to comply with the order to fire everyone who is on probation, those that chose not to comply were fired and replaced with someone who would.

        Without a court order to stop the order being enforced the executive orders are basically the president writing laws. Congress could impeach him for overreach, but they are complicit.

  • FireTower@lemmy.world
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    5 days ago

    Article Five is the article on amending:

    The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

    TLDR there’s two ways of proposing an amendment and two ways of ratifying them. Infographic:

    But you really would only need to have Congress pass a law to undo one. Or wait for the next President to issue a new contrary order.

  • jatone@lemmy.dbzer0.com
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    6 days ago

    by guillotining the SCOTUS/congressional members (need to start with congressional, since they’ll approve new scotus members) who are rubber stamping this nonsense.

    • AA5B@lemmy.world
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      6 days ago

      Seriously , I don’t know what else could be effective. Many of these executive orders are already illegal, but the other branches are not sticking up for their prerogatives. If the system of checks and balances is failing, does it make a difference to fiddle around with what those checks and balances should have prevented?

      The strangest part is I would have said it was foolproof. All they need is the self-interest of the other branches to protect their own power. Usually that has more or less worked, even when they’re the same party. So many self-serving, power hungry politicians just giving it all up after all their efforts to gain power. Why is basic human nature, even our worst impulses, not strengthening checks and balances?

      • jatone@lemmy.dbzer0.com
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        6 days ago

        because congressional critters are scared of the maga base. why do you think trump is pardoning all the J6ers?