The Most Powerful Branch...

Discussion in 'Congress' started by Slashsnake, Oct 5, 2017.

  1. Slashsnake
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    Slashsnake VIP Member

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    C'mon folks, lets here your opinion... I want to see how stupid most of you are. Which is the most powerful branch and why? Go...
     
  2. Billy_Kinetta
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    Billy_Kinetta Paladin of the Lost Hour Gold Supporting Member Supporting Member

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    The Executive Branch can declare national martial law and commands the military, among other things.
     
    Last edited: Oct 5, 2017
  3. Slashsnake
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    Slashsnake VIP Member

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    You're kidding right...
     
  4. Billy_Kinetta
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    Billy_Kinetta Paladin of the Lost Hour Gold Supporting Member Supporting Member

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    Nope. So long as the President has the backing of the military for the actions he commands, he can suspend the constitution and dissolve the two other branches.
     
  5. Slashsnake
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    Slashsnake VIP Member

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    Yes until he is impeached by the Congress and they also slash the military budget...
     
  6. Likkmee
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    Likkmee Gold Member

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    Branch ?
     
  7. Billy_Kinetta
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    Billy_Kinetta Paladin of the Lost Hour Gold Supporting Member Supporting Member

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    How can Congress impeach him with Congress dissolved? Treasury is an Executive department, and the secretary a member of the cabinet.
     
  8. Slashsnake
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    Slashsnake VIP Member

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    I think you misunderstand dissolve in this situation. The courts and legislature will still exist regardless. When Lincoln declared Marital law (with congressional help) the courts limited the executive branches' power in what the military was allowed to do (such as prosecute someone who was tried for something not related for the reasoning of the marital law).

    Also, please read the Posse Comitatus Act, which prohibits federal military forces from participating in domestic law enforcement activities without authorization by Congress.

    Even under Marital law, the Congress still has input in the situation, and so does the Supreme Court. Not really a strong argument on your part.
     
  9. Billy_Kinetta
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    Billy_Kinetta Paladin of the Lost Hour Gold Supporting Member Supporting Member

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    The definition of martial law is as follows:

    "The exercise of government and control by military authorities over the civilian population of a designated territory."

    Posse Comitatus does not apply to a declaration of martial law, and civilian law enforcement is subservient.

    The Executive does not need the Legislative or the Judicial branches to declare or enforce martial law. And while a dissolution of Congress and the SCOTUS would be an extreme measure, it would be permissible under martial law, since military law would supersede civilian law under such a circumstance.

    See H.R. 5122.ENR, Section 1076.
     
  10. Rambunctious
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    Rambunctious Gold Member

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    The legislative branch has the most power but only when they want to use it. Politics and fund raising has diminished their power. Also keep in mind, impeachment does not remove an elected official. The power has a way of evening out if not! then courts come in and flex their muscle... It's really a brilliant system when it is followed to the letter with no shenanigans like during the Obama administration.
     

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