From his first day in office—and every day since then—President Biden has taken action to strengthen American democracy and protect the rule of law. In
I’m a bit skeptical on the first bullet point: while I’m all for an amendment to the US constitution that spells out in detail the limits on presidential authority, it’s still an amendment that has to get passed. That means that it needs a 2/3rds majority in both the House and the Senate, or it needs to be supported by 2/3rds of the state legislatures. I don’t think there’s any way in hell that Biden’s going to be able to get that through while the prospect of Trump regaining the presidency is on the horizon. At the moment, 47% of the US Senate is Democrat, with 4% caucusing with the Democrats most of the time, 49% of the US House is Democrat, and 46% of State Governors are Democrat. While it’s not 100% certain that all Republicans would vote along party lines, I’m reasonably certain that all Republicans would vote along party lines, which means a constitutional amendment is dead in the water.
Now, if Harris wins the presidency, there’s a good chance that the Republicans would be willing to vote for an amendment to curtail presidential authority. But right now? Nuh uh. Not gonna happen. As for the other two bullet points, they’re certainly more possible right now than a constitutional amendment, but still unlikely. Dems don’t have a filibuster-proof majority in the Senate, and I’m certain that the Republicans would filibuster the shit out of that. Even if that wasn’t the case, there’s no way it’d pass the House. Best case scenario, Harris wins, with a large majority in both houses, and is able to push some legislation along these lines through.
Edit: changed language from “ratified by 2/3rds of the states” to “supported by 2/3rds of the state legislatures”.
I mean, thanks to Obama, the president has the authority to kill any US citizen they deem as a threat. The ACLU brought a case against the government about that, but that case was dismissed on procedural grounds, so it’s still constitutionally untested. But regardless of it being tested, there is precedent for it, thanks to Obama’s murder of Anwar Al-Awlaqi. And since the precedent says that the murder by the executive branch of any US citizen it deems a threat is kosher, well that would fall pretty nicely under the heading of “official acts of office” that this latest supreme court case showed would be absolutely immune from prosecution.
So I guess the question is: does Biden feel like murdering a bunch of citizens?
Wasn’t that guy fighting for ISIS? Like actively engaged in the fight against US forces and killed in a targeted drone strike?
I’m all for Biden using his newfound kinghood to say, lock congress in their chamber until they vote the right way, but I don’t think your example is comparable.
He was alleged to be the leader of Al-Qaeda in the Arabian peninsula. But, of course, he was a US citizen, and the drone strike happened in Yemen, a country we were not at war with. So it raised a significant number of ethical and procedural questions. Also, we killed his 16-year-old son (who was also a US citizen) with a drone strike several days later, also in Yemen.
but I don’t think your example is comparable.
Well, that’s the thing. Precedent is a tricky mistress. Sure, Obama had what he considered very good reasons for crossing that line, but it set a precedent that any subsequent president could follow. It’s like how George Washington set the precedent for presidential pardons by pardoning two men who were sentenced to be executed for protesting a tax on whiskey, and then a couple hundred years later, Trump was just straight up selling pardons to people for two million bucks a pop.
The point is, what seems reasonable when justified by a good president could easily be turned into something horrible by a bad president. The precedent set by Obama is probably not going to be as narrow as: “the US president is free to order the killing by drone strike of any US citizen who US intelligence agencies believe is a high ranking member in a terrorist organization (or a member of their family), as long as they are currently located in a middle eastern country”, just like the precedent set by Washington wasn’t: “The US president is free to pardon anybody who is accused of protesting a tax on whiskey”.
They’re not citizens if they’re Nazis, but murder isn’t the answer, let’s grab one of the for profit prisons the right so loves to build, in the middle of Oklahoma or Missouri and invite the traitors to stay a good long time.
Maybe he could change the rules of voting in congress from “Yea/Nay” to “Yes, harder daddy/No, don’t fucking stop daddy” that’s probably within the role of his office.
Fun fact, it doesn’t have to be an amendment - it can just be a normal law. The check on judiciary is if Congress and the President both say, " you got it wrong SCOTUS" and pass a law that specifically says things are different.
Now I’m basing that on my 9th grade civics knowledge which could be wrong… But I thought that’s why there were pushes for contraceptive laws post gutting of abortion rights. Basically telling the high court, this is what we’re doing now.
That’s a bit trickier, though, because SCOTUS already ruled on this, which means that their fucked ruling is now precedent. So any future challenges to a law passed by congress would be interpreted with that precedent in mind. If the composition of the supreme court changes, they could reverse their earlier rulings, but it’s much less certain of an outcome than if there was an amendment to the constitution guiding future decisions.
Laws override precedent. The court’s job is explicitly to interpret the laws made by congress. Precedent is simply the way that previous courts have interpreted the laws at the time. If the relevant laws to the case haven’t changed since the previous case, that is where precedent comes in. If there are new laws written by congress then those are more important than precedent.
Another user brought up the idea that they might still try to rule the new law unconstitutional but that would be a much harder bar to achieve legitimately since the constitution is intentionally rather succinct. Of course if the court is corrupt and no one actually challenges their power I suppose they could say anything they want- precedent overrules laws, anything they don’t like is unconstitutional, for the low low price of a vacation getaway you too can influence my rulings, etc. But legally speaking laws override precedent and doing away with a law because it is unconstitutional is an extremely high bar which can’t realistically be met by the vast majority of laws unless the law directly goes against the few rules that the constitution establishes.
The court’s job is explicitly to interpret the laws made by congress.
No, not quite. The supreme court’s job is to interpret the constitution, not laws made by congress. Any law made by congress can be subject to review by the courts if a case involving that law is brought before them. As an example, the Supreme Court ruled in Federal Election Commission v. Ted Cruz for Senate (2021) that a portion of section 304(a) of the Campaign Reform Act of 2002 was unconstitutional, specifically the part that established a $250,000 limit on the amount of post-election campaign contributions that can be used to repay a candidate for personal campaign loans made pre-election.
If Congress makes a law establishing certain limits on presidential authority, and that law gets challenged in court, future supreme court sessions will have to determine if it is constitutional. One of the many ways they do that is to look at past precedent from previous supreme courts. They’re not bound by past precedent, but they make use of it quite often.
My understanding of the ruling is that, no, a law cannot do this. The ruling is mostly a separation of powers argument. Basically, if the president is not above the law then that means that Congress can override the Constitution by writing a law that, for example, makes the President’s constitutional duties illegal. Therefore, the president is allowed to officially do anything he wants limited only by the Constitution.
Obligatory: this is not an endorsement of the ruling and IANAL. It’s an awful ruling and terrible for the present and future of our country. It’s a violation of primary ideals of democracy and it needs to be overturned ASAP.
Can we just step back for a minute and look at the big picture here? We’re at a point where passing an amendment that says “the president cannot commit crimes” is seen as something that has no chance in passing, because one party is dedicated to protecting a criminal. The founders would be ashamed of us.
I mean, no argument from me. The fact that the Supreme Court basically just ruled that the President can operate independently from the law, like a fucking king, would have every single one of those guys spinning in their graves fast enough to power a city. It’s just the latest milestone in a decades-long quest by the Heritage Foundation to convert America’s government into a Christian theocracy.
You’re 100% missing the power of a sitting president making this official statement in the first place. Further, then giving the House/Senate and the state governments a choice to publicly shot themselves in the feet, on the record, by opposing such a common sense approach to this obvious problem.
The goal isn’t the amendment, it would be nice, but it’s not the first/main victory here.
Presidents say shit all the time, though. Just saying that there is a major problem is newsworthy, but it’s all worth a hill of beans if it doesn’t lead to lasting changes. I believe that he was right in that an amendment will be the securest way to enumerate the boundaries of executive authority, as it will be much harder for the Supreme Court to fuck that up, but there is an extremely high bar to pass to get an amendment through. If he decides to go the legislation route instead, any new laws that are passed by Congress are potentially subject to being overturned by the courts.
As for the optics of Republicans opposing supreme court reform or curtailing of executive authority… meh. We all watched nearly every single Republican in the House vote to not impeach Donald Trump on two separate occasions, for incredibly stupid reasons, and most of those people won re-election. Relying on the public to make good decisions when faced with bald-faced congressional corruption is a losing proposition.
Technically, it’s an either / or process. It either needs 2/3rds of both houses, or 2/3rds of state legislatures have to call for a constitutional convention. You are right, however, in that after either hurdle is passed, it still needs to be ratified by 3/4 of the state legislatures in the union. That’s where the equal rights amendment is now. It passed both houses, but has not yet met the 3/4 state legislature hurdle, so it’s still in the pipeline 81 years after its proposal. Yay government!
I’m a bit skeptical on the first bullet point: while I’m all for an amendment to the US constitution that spells out in detail the limits on presidential authority, it’s still an amendment that has to get passed. That means that it needs a 2/3rds majority in both the House and the Senate, or it needs to be supported by 2/3rds of the state legislatures. I don’t think there’s any way in hell that Biden’s going to be able to get that through while the prospect of Trump regaining the presidency is on the horizon. At the moment, 47% of the US Senate is Democrat, with 4% caucusing with the Democrats most of the time, 49% of the US House is Democrat, and 46% of State Governors are Democrat. While it’s not 100% certain that all Republicans would vote along party lines, I’m reasonably certain that all Republicans would vote along party lines, which means a constitutional amendment is dead in the water.
Now, if Harris wins the presidency, there’s a good chance that the Republicans would be willing to vote for an amendment to curtail presidential authority. But right now? Nuh uh. Not gonna happen. As for the other two bullet points, they’re certainly more possible right now than a constitutional amendment, but still unlikely. Dems don’t have a filibuster-proof majority in the Senate, and I’m certain that the Republicans would filibuster the shit out of that. Even if that wasn’t the case, there’s no way it’d pass the House. Best case scenario, Harris wins, with a large majority in both houses, and is able to push some legislation along these lines through.
Edit: changed language from “ratified by 2/3rds of the states” to “supported by 2/3rds of the state legislatures”.
All Biden needs to do is threaten to use his newfound powers to meddle in the red states’ crusade against lgbtq.
I mean, thanks to Obama, the president has the authority to kill any US citizen they deem as a threat. The ACLU brought a case against the government about that, but that case was dismissed on procedural grounds, so it’s still constitutionally untested. But regardless of it being tested, there is precedent for it, thanks to Obama’s murder of Anwar Al-Awlaqi. And since the precedent says that the murder by the executive branch of any US citizen it deems a threat is kosher, well that would fall pretty nicely under the heading of “official acts of office” that this latest supreme court case showed would be absolutely immune from prosecution.
So I guess the question is: does Biden feel like murdering a bunch of citizens?
Wasn’t that guy fighting for ISIS? Like actively engaged in the fight against US forces and killed in a targeted drone strike?
I’m all for Biden using his newfound kinghood to say, lock congress in their chamber until they vote the right way, but I don’t think your example is comparable.
He was alleged to be the leader of Al-Qaeda in the Arabian peninsula. But, of course, he was a US citizen, and the drone strike happened in Yemen, a country we were not at war with. So it raised a significant number of ethical and procedural questions. Also, we killed his 16-year-old son (who was also a US citizen) with a drone strike several days later, also in Yemen.
Well, that’s the thing. Precedent is a tricky mistress. Sure, Obama had what he considered very good reasons for crossing that line, but it set a precedent that any subsequent president could follow. It’s like how George Washington set the precedent for presidential pardons by pardoning two men who were sentenced to be executed for protesting a tax on whiskey, and then a couple hundred years later, Trump was just straight up selling pardons to people for two million bucks a pop.
The point is, what seems reasonable when justified by a good president could easily be turned into something horrible by a bad president. The precedent set by Obama is probably not going to be as narrow as: “the US president is free to order the killing by drone strike of any US citizen who US intelligence agencies believe is a high ranking member in a terrorist organization (or a member of their family), as long as they are currently located in a middle eastern country”, just like the precedent set by Washington wasn’t: “The US president is free to pardon anybody who is accused of protesting a tax on whiskey”.
They’re not citizens if they’re Nazis, but murder isn’t the answer, let’s grab one of the for profit prisons the right so loves to build, in the middle of Oklahoma or Missouri and invite the traitors to stay a good long time.
Maybe he could change the rules of voting in congress from “Yea/Nay” to “Yes, harder daddy/No, don’t fucking stop daddy” that’s probably within the role of his office.
Fun fact, it doesn’t have to be an amendment - it can just be a normal law. The check on judiciary is if Congress and the President both say, " you got it wrong SCOTUS" and pass a law that specifically says things are different.
Now I’m basing that on my 9th grade civics knowledge which could be wrong… But I thought that’s why there were pushes for contraceptive laws post gutting of abortion rights. Basically telling the high court, this is what we’re doing now.
That’s a bit trickier, though, because SCOTUS already ruled on this, which means that their fucked ruling is now precedent. So any future challenges to a law passed by congress would be interpreted with that precedent in mind. If the composition of the supreme court changes, they could reverse their earlier rulings, but it’s much less certain of an outcome than if there was an amendment to the constitution guiding future decisions.
Laws override precedent. The court’s job is explicitly to interpret the laws made by congress. Precedent is simply the way that previous courts have interpreted the laws at the time. If the relevant laws to the case haven’t changed since the previous case, that is where precedent comes in. If there are new laws written by congress then those are more important than precedent.
Another user brought up the idea that they might still try to rule the new law unconstitutional but that would be a much harder bar to achieve legitimately since the constitution is intentionally rather succinct. Of course if the court is corrupt and no one actually challenges their power I suppose they could say anything they want- precedent overrules laws, anything they don’t like is unconstitutional, for the low low price of a vacation getaway you too can influence my rulings, etc. But legally speaking laws override precedent and doing away with a law because it is unconstitutional is an extremely high bar which can’t realistically be met by the vast majority of laws unless the law directly goes against the few rules that the constitution establishes.
No, not quite. The supreme court’s job is to interpret the constitution, not laws made by congress. Any law made by congress can be subject to review by the courts if a case involving that law is brought before them. As an example, the Supreme Court ruled in Federal Election Commission v. Ted Cruz for Senate (2021) that a portion of section 304(a) of the Campaign Reform Act of 2002 was unconstitutional, specifically the part that established a $250,000 limit on the amount of post-election campaign contributions that can be used to repay a candidate for personal campaign loans made pre-election.
If Congress makes a law establishing certain limits on presidential authority, and that law gets challenged in court, future supreme court sessions will have to determine if it is constitutional. One of the many ways they do that is to look at past precedent from previous supreme courts. They’re not bound by past precedent, but they make use of it quite often.
My understanding of the ruling is that, no, a law cannot do this. The ruling is mostly a separation of powers argument. Basically, if the president is not above the law then that means that Congress can override the Constitution by writing a law that, for example, makes the President’s constitutional duties illegal. Therefore, the president is allowed to officially do anything he wants limited only by the Constitution.
Obligatory: this is not an endorsement of the ruling and IANAL. It’s an awful ruling and terrible for the present and future of our country. It’s a violation of primary ideals of democracy and it needs to be overturned ASAP.
Can we just step back for a minute and look at the big picture here? We’re at a point where passing an amendment that says “the president cannot commit crimes” is seen as something that has no chance in passing, because one party is dedicated to protecting a criminal. The founders would be ashamed of us.
I mean, no argument from me. The fact that the Supreme Court basically just ruled that the President can operate independently from the law, like a fucking king, would have every single one of those guys spinning in their graves fast enough to power a city. It’s just the latest milestone in a decades-long quest by the Heritage Foundation to convert America’s government into a Christian theocracy.
You’re 100% missing the power of a sitting president making this official statement in the first place. Further, then giving the House/Senate and the state governments a choice to publicly shot themselves in the feet, on the record, by opposing such a common sense approach to this obvious problem.
The goal isn’t the amendment, it would be nice, but it’s not the first/main victory here.
Presidents say shit all the time, though. Just saying that there is a major problem is newsworthy, but it’s all worth a hill of beans if it doesn’t lead to lasting changes. I believe that he was right in that an amendment will be the securest way to enumerate the boundaries of executive authority, as it will be much harder for the Supreme Court to fuck that up, but there is an extremely high bar to pass to get an amendment through. If he decides to go the legislation route instead, any new laws that are passed by Congress are potentially subject to being overturned by the courts.
As for the optics of Republicans opposing supreme court reform or curtailing of executive authority… meh. We all watched nearly every single Republican in the House vote to not impeach Donald Trump on two separate occasions, for incredibly stupid reasons, and most of those people won re-election. Relying on the public to make good decisions when faced with bald-faced congressional corruption is a losing proposition.
Iirc constitutional ammendments have to pass both congress AND the states. It’s not an either or
Technically, it’s an either / or process. It either needs 2/3rds of both houses, or 2/3rds of state legislatures have to call for a constitutional convention. You are right, however, in that after either hurdle is passed, it still needs to be ratified by 3/4 of the state legislatures in the union. That’s where the equal rights amendment is now. It passed both houses, but has not yet met the 3/4 state legislature hurdle, so it’s still in the pipeline 81 years after its proposal. Yay government!