FlowVoid, (edited )

You have it backwards. The government cannot enforce laws without assistance from the judiciary.

For example, Congress once passed a law outlawing flag burning. The SCOTUS decided that was unconstitutional. But suppose everyone had decided to ignore that decision.

So someone is arrested for flag burning… and the case is immediately dismissed by a judge.

So the government decides to tax flag-burners instead. Someone refuses to pay that tax, the government sues … and the case is immediately dismissed by a judge.

Pretty much everything the government does to “enforce” their will can be challenged, and challenges always end up before a judge. If the judge decides a law is unconstitutional, then the government will lose every case.

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