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Old 04-01-2019, 05:25 PM
Sam Stone is offline
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Join Date: Jun 1999
Posts: 28,579
Originally Posted by Whack-a-Mole View Post
This is wrong at every level.

Can the executive determine the number of seats in congress?

Why can congress determine the number of seats in the Supreme Court?

The checks and balances come in where congress can modify a law to comport with a judicial finding or they can impeach a sitting justice.
There are lots of places where individual branches have autonomy. I already mentioned several of them - the executive branch gets to determine the priorities for enforcing legislation. The House has the power of the purse.

But my comment was aimed at your general statement that "Congress does not have the right to limit another branch of government." It does, and has. The whole point to the American governmental structure is that all branches have the right to limit other branches under certain circumstances. We just saw a good example of that - Trump wanted his wall, Congress stopped him, Trump vetoed, and Congress didn't have the votes to overturn. But if they had, they could have very thoroughly stopped another branch of government from doing what it wanted.

And Obama had his plans thwarted by the Supreme Court on many occasions as well. Back when the U.S. had a functioning budgetary process, it was extremely common for both the House and Senate to have to compromise in order to get a budget passed. Presidential budgets are routinely thwarted by the legislative branch. Hell, Trump himself has had executive orders shot down by the courts. The whole point to American governmental structures is to have each branch oversee and limit the other.