Stuck down by whom? Anything like this is going to get kicked up to the supreme court. I think that's where most of the hysteria comes from. Its basically the flawed premise that "trump stacked the supreme court". A supreme court judge is never going to get impeached by the senate. So that knocks out the senates leg as a check on the president.
No offense but your line of thinking here is wrong. You’re assuming the checks and balances comes only after an executive order is signed. Lets look at the steps of what an EO gets:
“That process is coordinated by the Office of Management and Budget (OMB), which receives comments and language from impacted and interested agencies. Once OMB and stakeholder agencies have reviewed the draft language, the draft order is sent to the Attorney General and Director of the Office of the Federal Register for review, and then on to the President for signing.” (Not mentioned here is the Presidents administration and cabinet gives comments as well.)
Now not all of them go through this process but I imagine “Kill all my enemies” would put every agency on high alert. Any of these agencies have the authority to effectively “cancel” this executive order especially if it’s legality is in question. Because executive orders aren’t defined in the constitution theres little to no oversight but obviously the former example would be shut down before it got to Trumps desk.
If hypothetically that were true then president could, in a sense , do whatever he wanted. It wouldn't happen, but since the senate is never going to impeach a judge, the judiciary holds more power than should be the case. In the fantasy world where the supreme court rubber stamped any decision in trumps favor, trump could drone strike hilary or something , pardon himself and the supreme court rules it legal.
Again back to former example. It’s not about post checks and balances. Furthermore you’re only thinking about this on a court basis. The Supreme Court will hear the issue, sure, but even before that Congress could essentially pass a bill saying “He can’t kill political opponents” to override the EO, effectively making it unlawful. Or they could simply prevent the action of the EO being undertaken through claiming lack of funds. Only then after these efforts are exhausted would it be kicked up to the courts, and as you said we aren’t so biased 5/4 of them would agree to such a plan.
If you also think that the senate would impeach the president as a check in the above hypothetical, unless the dems had a super majority (which won't happen in 2024), when was the last time the senate had a 2/3 majority on any partisan issue?
Even in this hypothetical the Senate wouldn’t do it. Not only would you need the 2/3 majority but you would need a 1/2(?) majority to get it passed in the House. Furthermore even if the 2/3 requirement were met theres no guarantee he would leave. If he didn’t listen to an election or an amendment why would he listen to an impeachment? Back to in this hypothetical scenario he would be taken out forcefully, probably after legal battles.
Also not mentioned is Congress would have to find an impeachable offense. A reminder that impeachment is defined as such:
“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
The only wiggle room in this wording for an impeachment is “high crimes and misdemeanors” which, as we’ve seen, are vague, ranging from lying about blowjobs to phone calls to wiretapping your political opponents (which, the only reason Nixon was about to get removed anyway was because we lived in a less partisan time than today.) It would have to be sorted out if the President committed this offense by staying past his two terms (I can’t even speculate on the legality of just staying in the Presidency despite an election, one term or two.), and if we look back in history at Presidential oversight I doubt this would be brought up. Both Lincoln and WW straight up removed the first amendment during wartime and never faced a lawsuit let alone challenge from within the government. Even W Bush had articles of impeachment drafted on him for lying about the WMDs and such which were never approved. Bottomline yeah the circumstances for an impeachment would also be insane.