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Tuesday, April 01, 2014 1:34:07 PM
Time and time again, this President pushes the extreme outer boundaries of the law and there is no reason whatsoever to think he will do otherwise here. Congress thus far, plays along.
The Powers of the President
Aside from making judicial appointments, the president's only other influence over the Supreme Court resides in his power to enforce — or choose not to enforce — judicial decisions. This power is known as judicial implementation. As President Andrew Jackson once remarked about a ruling he disagreed with, “[Chief Justice] John Marshall has made his decision; now let him enforce it.”
In 1997, the Supreme Court accepted the Paula Jones sexual harassment case to resolve the issue of whether President Clinton could be sued while in office. The Court ruled that a sitting president could face civil proceedings, as long as the proceedings didn't interfere with his ability to perform the job. The lawsuit was eventually settled out of court.
What Jackson was referring to is the Supreme Court's inability to carry out its rulings. The Supreme Court can only interpret the law — it must rely upon the president and Congress to enforce its judgments and decrees. Most of the time this is not a point of contention, but if the president vehemently disagrees with a court ruling, it's within his discretion to refuse or delay enforcing it.
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