It has been almost 200 years since Andrew Jackson said “John Marshall has made his decision, now let him enforce it.” Since that time, there has been a glaringly obvious potential threat to the stability of the checks and balances of the U.S. Federal Government in the form of a theoretical belligerent Executive refusing to comply with or enforce a judicial ruling. Why has the judiciary not been given some means of enforcing its rulings? Even something as simple as putting the U.S. Marshalls Service under the direct command of the Supreme Court could provide at least one avenue of enforcement for the courts, even if an imperfect one. Was there ever a serious attempt to remedy this issue of a lack of judicial enforcement capabilities?
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