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Originally Posted by EADGBE
Trump administration refusing to process new DACA applications seems like a pretty clear violation of the DACA decision. What is the aim here? To close down DACA properly and have it all declared moot? I guess the Court wouldn’t force them to process the applications in that case?
Well, you're basically in a political catch-22.
The courts can tell the executive branch to follow the law, but if they deny it then the departments that can do something about it is under the control of the executive branch (and most under temporary leadership so not senate confirmed). The fail-safe for these types of shenanigans is impeachment, which the executive branch knows it will walk away from.
Makes me glad to live in my country. If parliament wants to get rid of the cabinet here, all they need is a simple majority and there is no constitutional mandate to offer a reason whatsoever.
I think many fail to realize how much a modern democracy relies on norms and not always laws. Laws have loopholes and take time, even the most draconian regimes can claim to fulfill noble laws without problem. Solid norms is the defining factor of a healthy democracy.