We, the People, must be the Judiciary's enforcement arm

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In the United States, we've recently had a lot of talk about the relationships between the three branches of government of our constitutional democracy. Article I of that Constitution establishes Congress, with the powers to make laws, control spending, and declare wars. Article II establishes the Presidency with executive powers over law enforcement and the military. Article III establishes the Supreme Court, and the federal judiciary, with the power to interpret federal laws, and apply the Constitution to all laws and government actions.

The relationship between these three branches has become the topic of so many conversations because President Trump is trying to aggregate all power to himself regardless of constitutional separations of power, or prohibitions. So far Congress has been feckless in resisting his drive to power. The reasons are Republican subservience and Democratic cowardice. The judiciary has been the one branch of government that has acted most vigorously to stay Trump's drive to power, with many federal judges ordering the Trump administration to stop many of its worst actions, and undo many of its worst harms.

The clear and present danger to our democracy is that Trump will start defying these court orders. So far, there's little evidence that he's really complying with many of these court orders, and we are hearing defiant rhetoric from Trump and his minions along the lines of Trump-hero President Andrew Jackson  “[Chief Justice] John Marshall has made his decision, now let him enforce it.”

One flaw in our Constitution that Trump is seeking to exploit is that the judiciary has no independent enforcement apparatus, it depends on the coercive powers of the state held exclusively by the executive branch. Our system depends on the executive abiding by the rulings of the judiciary and enforcing them. It wasn't built for a bad president who fills the executive branch with his sycophants intent on grabbing power far beyond what the Constitution allows, and taunting the nation with his threats to completely ignore judicial rulings and rule as a dictator.

Under these circumstances, it is We, the People, that must become the enforcement arm of the judiciary. We must take to the streets in our millions for every offense to the Constitution, and especially any violation of a federal court order. We must treat each violation as the emergency it really is and take to the streets in such numbers as to make business as usual impossible until the law is complied with. We must also take to the streets, and pack the town halls to give Congress some backbone.  We can make so much "good trouble" that they'll think twice about violating another court order.  We can encourage judges to make the right rulings and demand compliance. This is the only way we can save our democracy.

No one is coming to save us but us.       

Clay Claiborne

6 April 2025