this post was submitted on 02 Jul 2024
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“(With) today’s Supreme Court decision on presidential immunity, that fundamentally changed. For all practical purposes, there are virtually no limits on what the president can do. It’s a fundamentally new principle and it’s a dangerous precedent because the power of the office will no longer be constrained by the law even including the supreme court of the United States.”

Throughout his address, Biden underscored the gravity of the moment, emphasizing that the only barrier to the president’s authority now lies in the personal restraint of the officeholder. He warned vehemently against the prospect of Trump returning to power, painting a stark picture of the dangers such an outcome could pose.

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[–] [email protected] 73 points 5 months ago (5 children)

Since we're talking about a SCOTUS ruling, it would be on Congress to pass legislation.

And to follow up on @teodor_[email protected]'s comment, the Democratic National Committee is a private party organization that supports Democratic candidates in elections. They have nothing to do with passing legislation.

[–] [email protected] 99 points 5 months ago (2 children)

It's on Biden to personally demonstrate to SCOTUS just how dangerous the ruling was.

[–] [email protected] 62 points 5 months ago

By calling for drone strikes on SCOTUS, yes.

[–] [email protected] 17 points 5 months ago (2 children)

No, Congress cannot pass legislation on this matter. The ruling says that the Constitution itself grants the President immunity, so it would take a Constitutional amendment to change it.

[–] [email protected] 8 points 5 months ago (1 children)

No, Congress cannot pass legislation on this matter.

Sure they can. They can pass legislation that says "The President of the United States of America does not have criminal immunity from official acts taken as President."

Once that's done, a case would have to be identified and charged. The President would need to do something that would be considered a crime, and would be considered an official act, then be charged with that crime. Then it would follow its way through the legal process - district court, appeals court, en banc, eventually landing at the Supreme Court, who would decide whether that legislation was constitutional.

There are plenty of unconstitutional laws still on the books, especially at the state level, "atheists cannot hold public office" is a great example. Of course, those laws are "unenforceable" under normal circumstances; these are not normal circumstances. We've seen how the fascists abuse the legal system. It would not surprise me one bit for them to latch on to one of those "still on the books" unconstitutional laws and attempt to enforce it, because throwing wrenches into the machinery is the point.

Using the "atheists cannot hold public office" example, it would be elementary to cause harm to someone's campaign for elected office just by seeking to enforce an unconstitutional law. Drawing attention to the lack of religious belief in a candidate, forcing said candidate to defend themselves, getting the unwashed masses to go "Yeah! That's what the law says!" because they're too fucking stupid to understand that other court rulings have nullified that law.

[–] [email protected] 1 points 5 months ago (1 children)

Yes, technically they could, but any suit under that law would be vulnerable to getting thrown out on summary judgement. Would you agree that it's more accurate to say that Congress can't fix the system by reverting to the old law?

[–] [email protected] 2 points 5 months ago (1 children)

Would you agree that it's more accurate to say that Congress can't fix the system by reverting to the old law?

I'm not sure what you mean by this, can you explain?

[–] [email protected] 0 points 5 months ago (1 children)

They can't take us back to the way things were on June 30th, 2024, to make this ruling like it didn't happen. It doesn't have the power. The best the that Congress can do is pass an unconstitutional law that may, at some future date, through a highly-fraught process in the courts, reverse it.

[–] [email protected] 4 points 5 months ago

That's the "right" way, yes. I believe constitutional amendments also begin in Congress.

[–] [email protected] 2 points 5 months ago

Constitutional amendment

[–] [email protected] 11 points 5 months ago (1 children)

Still. The DNC has systems in place to decide who to back in elections to pass legislation. Their messaging since 2015 has been embarrassing. They keep courting moderate conservatives that don't exist and ignoring unrepresented potential voters who do. They talk about how they win elections when there's good turn out without ever analyzing which candidates encourage high turnout. Americans want to feel represented in politics and we don't. The Democrats need to do something that would weaken the democrat party but would weaken the Republican party more: they need to actively begin dismantling the two party system. We want election reform. We want the police to not be a hostile force against the general populace. We want the society we live in to benefit everyone and not just the kinds of people who can afford to finance an election campaign.

The polling exists. We all know that neither party represents or enacts what the people want do. The Democrats refuse to look around and see what's happening, preferring to rearrange the deck chairs as the ship sinks because that's the only thing they know to do. And you know? I can't really blame them. We the people have also been rearranging the deck chairs. We live in a country that only benefits the top but we all still show up to do our duties without looking at what's going on in other countries where the people are standing up to their authoritarian oppressors.

The worst part is the fascists know what they're doing. They know to decay the structure by raising the temperature because we've become too complacent. We need to stand up to fascism in a way that we haven't ever since McArthyism.

[–] [email protected] 2 points 5 months ago (2 children)

The DNC has systems in place to decide who to back in elections to pass legislation.

No it does not.

[–] [email protected] 14 points 5 months ago (2 children)

Then what the fuck is a primary and how do they decide to back in a primary and what the fuck is a super delegate?

[–] [email protected] 1 points 5 months ago
[–] [email protected] 1 points 5 months ago* (last edited 5 months ago) (1 children)

Ugh. Stop. Talking. You Fucking. Knob.

Jesus Christ, someone might believe you so talk less. Please.

Please.

EDIT: PLEASE

[–] [email protected] 5 points 5 months ago (1 children)

This is an interpretation of the constitution, so what congress needs to do it to amend the constitution to explicitly state the president is not immune, and good luck getting that through

[–] [email protected] 2 points 5 months ago

They can amend it or they can pass law citing a different part of the constitution or other judicial precedent, then if it gets challenged the Supreme Court would have to rule on the constitutionality of it's latest legal justification.

Hopefully after we replace six justices.

[–] [email protected] 0 points 5 months ago* (last edited 5 months ago)

They have nothing to do with passing legislation.

Get the fuck out of here.