The Insurrection Act[1] is still in force. The President can legally suspend Posse Comitatus with a simple proclamation and then he can use federalized Guard or regular troops to enforce law as he pleases.
Article II and Congress have invested absolutely vast powers in the Presidency. The main check on their exercise is not Congress, or the Judiciary, or even the Deep State, but rather just traditions. Unfortunately, both parties have been attenuating those traditions for many administrations.
I don't think we're going to see the US government morph, Roman style, into a new form of government that's only nominally a republic. I think it's already happened quite some time ago. And just like in ancient Rome, most people have no idea it happened, because it will continue to use the same legal structure, just applied in new and interesting ways.
What we're seeing now is the struggle between two factions of the elites over who controls this new system.
Article II and Congress have invested absolutely vast powers in the Presidency. The main check on their exercise is not Congress, or the Judiciary, or even the Deep State, but rather just traditions. Unfortunately, both parties have been attenuating those traditions for many administrations.
I don't think we're going to see the US government morph, Roman style, into a new form of government that's only nominally a republic. I think it's already happened quite some time ago. And just like in ancient Rome, most people have no idea it happened, because it will continue to use the same legal structure, just applied in new and interesting ways.
What we're seeing now is the struggle between two factions of the elites over who controls this new system.
[1] https://en.wikipedia.org/wiki/Insurrection_Act_of_1807