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Originally Posted by Dominic
So what actually happens if the Executive Branch just chooses to ignore the Judicial Branch? I mean, what can the Judicial Branch do about it?
I figure it's time for a serious post about the limits of what the executive branch is able to do. You're not going to like it. Note, IANAL and IAN even American, and this is just what is true to the extent of my knowledge.
Under the Posse Comitatus Act, the federal government may not usually use military personnel to enforce laws within the United States. However, under the Insurrection Act as amended 2006, the President is able to deploy the military domestically under some circumstances (my emphasis):
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(1) The President may employ the armed forces, including the National Guard in Federal service, to--
(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that--
(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and
(ii) such violence results in a condition described in paragraph (2); or
(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
(2) A condition described in this paragraph is a condition that--
(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In other words, if the "President determines that" because of some incident, let's say a terrorist attack, people are "opposing or obstructing the execution of the laws of the United States", he can send in the full force of the US military. Against that, the judicial branch has the United States Marshals (edit: which as pointed out upthread, may not even be under their control if push came to shove).
If Trump decided to declare an "insurrection" and order troops to "restore order" in some city or other, the US would be relying on Congress to impeach him, or on a coup.