The article explores the precarious position of the judiciary in U.S. democracy amidst increasing executive defiance. It discusses President Trump's resistance to court rulings and Vice President J. D. Vance's controversial stance that courts should not control executive power. Drawing on historical insights from Alexander Hamilton, the article emphasizes the judiciary's inherent weakness and its reliance on external support to maintain checks on executive power. The author identifies three pathways through which courts can assert authority: leveraging intrastate actors, mobilizing societal support, and enlisting the military—highlighting the complexities and challenges courts face in potentially authoritarian scenarios.
The judiciary's ability to restrain a powerful executive relies heavily on external support from various sectors, including state governors, civil society, and military forces.
Judges' authority is inherently weak without the backing of the state's institutions or society, making them vulnerable to overreach by the executive branch.
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