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Ultimately, it is the President of the United States who enforces Supreme Court rulings. The executive branch wields the police power of the US, subject to Congressional oversight and Constitutional restrictions. Without the force of the executive branch with its authority over the military, National Guard, FBI, and other law enforcement agencies, Supreme Court decisions would not be worth the paper they are written on. When a Supreme Court decision affects a state the state executive branch should enforce the decision, but if it does not, then the US executive branch makes the state obey it. This is one of the informal checks and balances of our governmental system. The Supreme Court will not get out of control, because of it's reliance on the executive branch to back up its decisions.

When the Supreme Court ordered desegregation of schools, the state of Alabama refused to allow African-American children into white schools. The President called out the National Guard to enforce the ruling and let a young African-American girl go into the white school.


Concerning the Presidents OWN Laws (executive Orders)

Feb, 2013- This president threatens to "go it alone", if Congress doesn't cowtow to his demands for gun control legislation. What does it mean for him to "go it alone"? The answer is simple: we have a rogue president who echews the rule of law, the Constitution. So, what can he lawfully do? In a word, nothng -- nothing lawful.

President Obama has no constitutional standing for authority over our state, county and municipal governments; therefore no authority to direct our elected and locally paid law enforcement officers to follow his unconstitutional executive orders.

As the head of the executive branch of the federal government, a president can issue executive orders only to employees of the federal government---and only regarding implementing Federal Laws or programs. A governor can likewise issue executive orders to employees of his state government regarding the laws or programs of that state.

The Supreme Court Ruling on this matter:

The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The Constitution of the United States is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail.

This is succinctly stated as follows:

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.

An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed.

Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

Since an unconstitutional law is void, the general principals follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it . . .

A void act cannot be legally consistent with a valid one.

An unconstitutional law cannot operate to supersede any existing valid law.

Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.

No one is bound to obey an unconstitutional law and no courts are bound to enforce it.

-- Sixteenth American Jurisprudence, Second Edition, Section 177. (late 2nd Ed. Section 256)

Keep this in mind when your friends and family, or your elected officials tell you that "it's the law, you have to."

If that law is arbitrary to the constitution, if it renders you subject to illegal or unconstitutional laws and acts it is in fact, null and void.


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11y ago
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Andrew Mapp

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3y ago

Unfortunately, it is the Executive Branch. The Supreme Court ruled that the Indian Removal Act of 1830 had mo merit; however Andrew Jackson(Trump favorite President) did not enforce it, actually, AJ got the state of Georgia Legislature to rule that the Cherokee Nation had no formal government and dissolved the Cherokee Nation setting in motion the "trail where we cried" or "Trail of Tears" depending on your position. We sit in dangerous times where a President can attempt an over reach...

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14y ago

The President, head of the Executive Branch of the US government, has the ultimate authority to ensure laws are upheld. The Department of Justice is the government law enforcement body.

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13y ago

The President (Executive Branch) is ultimately responsible for ensuring Supreme Court decisions are enforced. The Supreme Court has no enforcement power of its own.

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Q: Who enforces Supreme Court decisions?
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