As someone from LATAM who is more aware than they should be about the US system of government, I agree that the statement and lack of pushback is catastrophic for what it says about the current climate, but rule of law has been as weak as gypsum board for decades. The US system is full of shiny toys for a populist to cement power, and the only safeguards are decorum and the threat of eventual impeachment (good luck with that!). These issues exist because the American system is old and full of incremental cruft; newer democracies have had the advantage of starting with better safeguards, and there's an inability to actually change the system due to the legal system and Congress being a mess.
Practically speaking, common law is the judicial branch using moonlogic upon moonlogic to create pseudo-laws (Roe v. Wade, Citizens United v. FEC) that may be good or bad but should be made by Congress. If the Constitution is unclear, it should be modified through a democratic process that can actually pass, not be continually reinterpreted in absurd ways by a 9-person court that can be corrupted and has no term limits. Congress is unable to fix itself; the unlimited filibuster in the Senate proves that, and the "pro-forma" session is simply embarrassing. Clear systemic change is excruciatingly difficult, so actions must be taken through fuzzy emergent messes without guardrails like executive orders.
"Is outrageous thing X from this EO illegal? Idk, let's wait months to check with the courts."
The popular comment I see is that institutions are people at the end of the day, so "strong institutions" is just a buzzword, and the current crisis comes from cowardice and inaction. But if the mechanisms aren't there to stop a bad actor in the executive, the best they can do is make some noise (which they should). If they truly bend the rules, the executive can always just write a more unhinged EO, so it all reduces to who has control over actual enforcement.
The problem is widespread; for example, the election system is simply dysfunctional, like Flint water tier. From the basics of gerrymandering, to the electoral college creating absurd things like "swing states" (if you want to give more power to some states, just weight the votes), no real universal national ID, voter suppression, voting by mail is a horrible idea that invites conspiracy theories and is a crutch for the lack of accessibility, voting machines are bad and a crutch (see the French). Not even the schizophrenic rules-set is actually followed; the 2000 election was decided by Supreme Court fuckery. Trump would've been stupid not to try to interfere in 2020; an election was successfully stopped 20 years ago and nothing happened. The most basic democratic institution failed and the priority wasn't "let's fix this immediately, oh my fucking god." So yeah, rule of law has constantly been chipped away for some time, good luck with the midterms.
To be fair to the average American, the idea that "gradually, then suddenly" also applies to the state is something people learn firsthand and hopefully teach their descendants. The history of outsiders only goes so far.
Practically speaking, common law is the judicial branch using moonlogic upon moonlogic to create pseudo-laws (Roe v. Wade, Citizens United v. FEC) that may be good or bad but should be made by Congress. If the Constitution is unclear, it should be modified through a democratic process that can actually pass, not be continually reinterpreted in absurd ways by a 9-person court that can be corrupted and has no term limits. Congress is unable to fix itself; the unlimited filibuster in the Senate proves that, and the "pro-forma" session is simply embarrassing. Clear systemic change is excruciatingly difficult, so actions must be taken through fuzzy emergent messes without guardrails like executive orders.
"Is outrageous thing X from this EO illegal? Idk, let's wait months to check with the courts."
The popular comment I see is that institutions are people at the end of the day, so "strong institutions" is just a buzzword, and the current crisis comes from cowardice and inaction. But if the mechanisms aren't there to stop a bad actor in the executive, the best they can do is make some noise (which they should). If they truly bend the rules, the executive can always just write a more unhinged EO, so it all reduces to who has control over actual enforcement.
The problem is widespread; for example, the election system is simply dysfunctional, like Flint water tier. From the basics of gerrymandering, to the electoral college creating absurd things like "swing states" (if you want to give more power to some states, just weight the votes), no real universal national ID, voter suppression, voting by mail is a horrible idea that invites conspiracy theories and is a crutch for the lack of accessibility, voting machines are bad and a crutch (see the French). Not even the schizophrenic rules-set is actually followed; the 2000 election was decided by Supreme Court fuckery. Trump would've been stupid not to try to interfere in 2020; an election was successfully stopped 20 years ago and nothing happened. The most basic democratic institution failed and the priority wasn't "let's fix this immediately, oh my fucking god." So yeah, rule of law has constantly been chipped away for some time, good luck with the midterms.
To be fair to the average American, the idea that "gradually, then suddenly" also applies to the state is something people learn firsthand and hopefully teach their descendants. The history of outsiders only goes so far.