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Yes, it has always been like this.

We elect Presidents to faithfully execute the law, not Dictators to ignore it. The courts have always ruled against executive for disobeying the law. Preventing any one branch from amassing too much power is the whole reason the system of checks and balances exists.

The system, while sometimes aggravatingly slow to change, has allowed us as a country to continually operate under the same system of government with peaceful transfers of power for nearly 250 years.



Executive orders are shot down by courts all the time. And it always starts in lower courts, with appeals going up to higher courts (both sides can appeal!). This is true for any president, Democrat or Republican, the judicial system is a check on executive power, with the understanding that the executive gets to nominate judges and congress gets to approve them.

It is really weird how many people don't get this, and think Trump is getting special treatment! And an executive order with lofty legal reasoning will always be challenged. And judges on either side...they actually have some idealistic notion that law matters, not who nominated, so the 3 judges who unanimously decided against trump: one was a Trump appointee, one was an Obama appointee, and one was a Bush appointee. In an idea system, judges try to be impartial to law (they don't have to, and their only check is that they can be impeached by congress).


The discourse coming from the political right is clearly meant to attack the Judicial branch. They are going after what they call "Partisan judges" or "Activist judges" or "Radical leftist judges" or "Clinton and Obama appointees". They want to remove all judges who do not let them support whatever the administration wants to do.


Ya, it is going to be awkward when they start removing "Trump appointees."




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