• Wilzax@lemmy.world
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    3 months ago

    SCOTUS is unchecked by the rest of the federal government. The only thing that would limit their power is a constitutional amendment, which requires 38 states to individually ratify it at the level of their state governments, not their federal congresspeople.

    There is literally no way for congress to affect the supreme court once it has 9 justices, or contradict its rulings on laws they call “unconstitutional”, short of impeaching supreme court justices or packing the court with more than 9 justices. Once enough of the court is full of fascists or enablers, it’s EXTREMELY hard to escape fascism without a constitutional convention.

    • Triasha@lemmy.world
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      3 months ago

      You could instruct the federal agencies to ignore court rulings, effectively undoing Marbury vrs Madison.

      That’s a constitutional crisis, but what is the court gonna do? Call the FBI? Send in the military?

      You can ask the Cherokee people what the court does with an uncooperative federal government, but you won’t find any in Georgia.

      Maybe that’s just fascism with our side in charge though.

      • Wilzax@lemmy.world
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        3 months ago

        Yeah unfortunately once fascism sets in there’s literally no way to get rid of it without using more fascism or violence. And considering that fascism necessarily requires the threat of violence, that previous statement can be simplified to “Fascism can only be defeated with violence”