>Court interprets the law, invalidates the law. You can't have the POTUS sign, execute, interpret, and invalidate laws.
see https://news.ycombinator.com/item?id=45388993 as to why it takes all three branches agreeing on the constitutionality of a law for it actually to be put in effect and why that doesn't create the kind of dictatorship you're envisioning.
>is every time a new executive comes in, he can invalidate not just the executive orders but all laws passed by the previous administration, on a whim; without review, evidence, or argument he can shut down agencies and choose not to enforce any laws that are politically expedient.
POTUS is bound by constitution, even if SCOTUS thinks following the constitution is unconstitutional. This doesn't create an unchecked executive -- the legislature can also check the executive by impeaching him if he violates the constitution.
>You'd have to go back to 1929 to see that kind of spending level. Since then, we went through a great depression and got a New Deal for America, which means the Federal Government has a larger role. We can surely revisit that role, and that's kind of what's happening right now. But it's wrong to say that the spending levels circa 1930s are somehow ideal of more constitutional without presenting more evidence.
Yes exactly, it was circa the 30s when the apparatus of the state really cranked up to exceed the constitutional constraints of the federal government. The courts would create a more lasting correction to the problem, but that doesn't mean POTUS isn't also bound to stop executing all the unconstitutional laws. A lot of this stems from fraudulent portrayal of intrastate commerce as interstate commerce, which means a great deal of the actions of DEA, ATF, FDA, EPA, etc cannot legally be funded nor most of the wildly unconstitutional provisions of the cherished tyrannical civil rights act.
> This doesn't create an unchecked executive -- the legislature can also check the executive by impeaching him if he violates the constitution.
The impeachment clause is for high crimes and misdemeanors and is supposed to be an extraordinary procedure that takes an immense amount of time. It's not realistic to rely on it to prevent a President from selectively enforcing or ignoring laws on a day-to-day basis, especially considering it has never been successfully used to remove any president from office even in the case where Trump used his office to extort a bribe.
Anyway here's what James Madison had to say about your proposal in Federalst 47:
"No political truth is certainly of greater intrinsic value, or is stamped with the authority of more enlightened patrons of liberty, than that on which the objection is founded. The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self–appointed, or elective, may justly be pronounced the very definition of tyranny. Were the federal Constitution, therefore, really chargeable with the accumulation of power, which the argument supposes, it would be the very worst of all possible governments."
> the state really cranked up to exceed the constitutional constraints of the federal government... this stems from fraudulent portrayal of intrastate commerce... a great deal of the actions of DEA, ATF, FDA, EPA, etc cannot legally be funded
See, this is the problem with giving a single person the power to decide which laws to implement. You've made sweeping statements about "fraudulent" portrayals and the government exceeding constitutional authority, but these are just your own conclusory assertions. It's not clear that any constitutional constraints were actually violated, that portrayals of intrastate commerce were fraudulent, or that agencies like the DEA, FDA, etc. cannot legally be funded. These claims are unsupported, in fact they are anti-supported by decades of judicial review. Given your position, the President could just decide to shut down those agencies just on the flimsy basis you have provided. That's not how the system works.
I and others have realized that, despite your frequent appeals to the Constitution and the Framers, you do not appear to genuinely support the idea of a constitutional republic. Instead, you seem comfortable with a king-like authority, a single individual wielding absolute control over the government. That's a legitimate position, but you should be upfront about it rather than twisting the Constitution to fit your ideology. You're never going to squeeze a dictator-shaped peg into a constitution-sized hole -- doing so destroys the constitutional order.
see https://news.ycombinator.com/item?id=45388993 as to why it takes all three branches agreeing on the constitutionality of a law for it actually to be put in effect and why that doesn't create the kind of dictatorship you're envisioning.
>is every time a new executive comes in, he can invalidate not just the executive orders but all laws passed by the previous administration, on a whim; without review, evidence, or argument he can shut down agencies and choose not to enforce any laws that are politically expedient.
POTUS is bound by constitution, even if SCOTUS thinks following the constitution is unconstitutional. This doesn't create an unchecked executive -- the legislature can also check the executive by impeaching him if he violates the constitution.
>You'd have to go back to 1929 to see that kind of spending level. Since then, we went through a great depression and got a New Deal for America, which means the Federal Government has a larger role. We can surely revisit that role, and that's kind of what's happening right now. But it's wrong to say that the spending levels circa 1930s are somehow ideal of more constitutional without presenting more evidence.
Yes exactly, it was circa the 30s when the apparatus of the state really cranked up to exceed the constitutional constraints of the federal government. The courts would create a more lasting correction to the problem, but that doesn't mean POTUS isn't also bound to stop executing all the unconstitutional laws. A lot of this stems from fraudulent portrayal of intrastate commerce as interstate commerce, which means a great deal of the actions of DEA, ATF, FDA, EPA, etc cannot legally be funded nor most of the wildly unconstitutional provisions of the cherished tyrannical civil rights act.