Posted on May 11, 2020
Supreme Court battle over Donald Trump's finances carries risks for all three branches
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https://www.usatoday.com/story/news/politics/2020/05/11/donald-trumps-financial-records-congress-supreme-court-face-risks/ [login to see] /
More information on the subpoena fight at the Supreme Court.
More information on the subpoena fight at the Supreme Court.
Supreme Court battle over Donald Trump's finances carries risks for all three branches
Posted from usatoday.com
Supreme Court
Congress
Office of the President (POTUS)
Law
Justice
Posted 4 y ago
Responses: 2
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If laws become "political questions" then no text in the Constitution or statutes are enforceable on Congress or the Executive. Why would any POTUS from here on out agree to any oversight or follow any law? Why have any cabinet positions approved or just make up whatever laws a regulations the executive wants. What if he is impeached and convicted and refuses to leave, is that a political question too? Maybe Congress should start raising its own Army that reports to them, does that become a political question...
Answering questions of law is pretty much the most important purpose of the SCOTUS. If they are going to duck and say branches of government following the law is a political question, then what the heck are they there for?
Answering questions of law is pretty much the most important purpose of the SCOTUS. If they are going to duck and say branches of government following the law is a political question, then what the heck are they there for?
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Capt Gregory Prickett
The political question doctrine is a long term doctrine of the Supreme Court. It goes back to Marbury v. Madison in 1803. Impeachment and the Senate trial are political questions, and cannot be heard by the courts. A declaration of war is a political question. The mode of amending the Constitution is a political question.
They don't come up that often.
They don't come up that often.
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SPC Kevin Ford
Capt Gregory Prickett - I agree. What I was trying to say, perhaps poorly, is I don't think the questions in this case are truly political in nature. There have been plenty of questions of law the SCOTUS has answered in disagreements between the Congress and the Executive. What I was trying to say is if they start considering every controversy between the Congress and the Executive as political questions, even if they are clearly questions of law, then we've got some problems coming.
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