- Trump administration showed that he was willing to challenge the federal courts and even the Supreme Court, degenerating a conflict that could lead to a constitutional crisis. Experts say that if Trump ignores judicial decisions, the reputation of the United States as an investment refuge will vacillate.
The recent will of the Trump administration to challenge the courts could lead to a crisis that could paralyze the reputation of the United States as an attractive destination for investment, according to experts.
Although undoubtedly the magnitude of a full -fledged constitutional crisis, Trump’s lax support for judicial orders warned that if faith in the judicial system is deteriorating, the same goes for investment.
“If Trump ignores judicial decisions, it will be the end of the rule of law,” said law professor at the University of Denver, Ian Farrell Fortune. “To say things in another way, the United States will actually have no laws for foreign investors to happen.
It is not clear if the rating agencies would officially retrograde the dedication of American debt, even if they have done so in similar situations for other countries Like MexicoBut investors can think twice before investing in public debt, said Jason Delorenzo, the owner of the advisor in placement recorded Ad Deum Funds.
“I do not know if the notation agencies will demarize because of this, but I am sure that in the minds of people, the instability of our government will question the risk without risk with which we are treated,” said Delorenzo Fortune.
Twice in the same day, President Trump and his administration seemed to repudiate the courts. First, the Trump administration ignored an order from the Federal Court by denying journalists of Associated Press Access to an Oval Office press conference with the president of Salvador El Nayib Bukele. Trump had previously criticized the AP In order not to have adopted its rearchering of the Gulf of Mexico.
Later, during the event, Trump passed as self -proclaimed “dictator“Bukele said he would not return Kilmar Abrego Garcia, an undocumented immigrant from El Salvador protected by an expulsion judge who was wrongly expelled to a maximum security prison in his country of origin. The Attorney General Pam Bondi said Garcia do not return to the United States Even after the Supreme Court confirmed a lower justice order which required that the administration “facilitates” its release from the guard.
This is not the first time that an American president has sold the highest court in the country, said Craig Smith, professor of auxiliary law at the colleges under law. In 1832, President Andrew Jackson ignored a decision of the Supreme Court when he forcibly moved the Cherokee people to the west along the “trace of tears”. At the time, Jackson would have challenged the chief judge John Marshall saying that “the chief judge Marshall made his decision, now letting him enforce him”.
The previous conflict highlights a major question concerning the decisions of the Supreme Court in this application of judicial orders is left mainly in the executive power, said Smith.
“Article III of the Constitution establishes the Supreme Court as having the last word on the law. The problem is that IT and the lower federal courts have few options on the means of enforcing their decisions and their orders, ”said Smith Fortune.
Only the congress can finally withdraw the president from power thanks to a difficult dismissal process. Although several presidents have been dismissed by the House of Representatives, none has ever been condemned by the Senate and dismissed from its functions. President Trump was dismissed twice, in 2019 and 2021, but was finally acquitted by the Senate.
For the moment, the conflict on the expelled Garcia has increased the conflict between Trump and the Supreme Court, but the two parties are working carefully, said UC law professor Berkeley, Stavros Gadinis.
“So far, the two parties have been looking for means to avoid this ultimate confrontation,” said Gadinis Fortune.
“Trump takes care to claim the presidential authority as being legally provided and to present his reaction to the judicial orders as improper or impossible (for example, bringing individuals deported by mistake). And the courts take care to avoid declaring the presidential orders as illegal.”
This story was initially presented on Fortune.com
