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DanGarthwaite
6y ago
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Only by convention and precedent. FDR's threats to pack the court certainly influenced them and if implemented would have subverted them.
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icebraining
6y ago
FDR couldn't implement that by himself, though; the bill had to be approved by Congress.
Retra
6y ago
Convention and precedent (and tradition) are also forms of hierarchical power. Those who assert them in the course of making a decision exercise power over those who intend to deny them.
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