I read this article about the animosity of the Obama administration towards the John Roberts Supreme Court:
http://www.latimes.com/news/health/la-na-court-roberts-obama-20100706,0,7184862.story
It made me wonder what would happen if the Executive branch of government refuses to acknowledge and obey a directive of the Supreme Court. It isn't without precedent. One case in particular comes to mind that stands out as one of the most shamefull moments in American history.
During Andrew Jackson's presidency the Cherokee nation won a Supreme Court decision that was supposed to prevent them from being kicked off their land. Afterwards, by one vote, the Senate passed a treaty signed by a Cherokee leader representing a only small portion of the tribe and Jackson used that as a basis to forcibly remove 15,000+ Indians from their land. Almost 1/3 of them died on the trip.
So what would happen if an administration refuses to follow a court order such as the MacDonald decision. If they just ignored the law or manufactured technicalities and used them as an excuse to not follow the Court's decision.
Say, for instance a City or State had it's laws struck down and by the Court and then turned around and passed a new law saying essentially the same thing. After several years that law would be struck down, but if they continued to do that, what would be the final enforcement mechanism?
http://www.latimes.com/news/health/la-na-court-roberts-obama-20100706,0,7184862.story
It made me wonder what would happen if the Executive branch of government refuses to acknowledge and obey a directive of the Supreme Court. It isn't without precedent. One case in particular comes to mind that stands out as one of the most shamefull moments in American history.
During Andrew Jackson's presidency the Cherokee nation won a Supreme Court decision that was supposed to prevent them from being kicked off their land. Afterwards, by one vote, the Senate passed a treaty signed by a Cherokee leader representing a only small portion of the tribe and Jackson used that as a basis to forcibly remove 15,000+ Indians from their land. Almost 1/3 of them died on the trip.
So what would happen if an administration refuses to follow a court order such as the MacDonald decision. If they just ignored the law or manufactured technicalities and used them as an excuse to not follow the Court's decision.
Say, for instance a City or State had it's laws struck down and by the Court and then turned around and passed a new law saying essentially the same thing. After several years that law would be struck down, but if they continued to do that, what would be the final enforcement mechanism?