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
The Supreme Court gave him an avenue, an official act by executive order. Remove 3 conservative justices reducing the Court to it’s original number of 6.
Or, better yet, increase the number of justices to at least the number of circuits we have. I would say take that number and multiply it by three so that there are 3 from each that can form a small panel to deal with smaller issues and form a larger, randomly selected, 9-11 judge panel to deal with bigger issues. It would also dramatically limit the power any one justice holds. Mandate a strict code of ethics and disclosure and put in term limits.
Despite the actual structure of the Constitution and all of its amendments, the Supreme Court, as an institution, has fought to exceed the limits of its constitutional power from the very beginning. Its ruling in Loper Bright is only its latest and most brazen move to set itself up as the ultimate and final authority in the nation. As I said, the appropriate historical context for its ruling today is not 1984 and its Chevrondecision but its 1803 ruling in Marbury v. Madison. It was then, back when the country was still in its swaddling blankets, that the Supreme Court declared itself the sole interpreter of the Constitution. The word “unconstitutional” appears nowhere in the Constitution, and the power to decide what is or is not constitutional was not given to the court in the Constitution or by any of the amendments. The court decided for itself that it had the power to revoke acts of Congress and declare actions by the president “unconstitutional,” and the elected branches went along with it. The Supreme Court was never supposed to have this much power
Tbf it is difficult to uphold the constitution in another way. For instance, if Congress passes a bill that contradicts the constitution you have a contradiction. How else, than through courts, would you resolve the contradiction?
Let the 6 member court deliberate this executive decision. Democrats need to stop asking for permission. Republicans don’t. They act, then apologize for overstepping. Democrats need to stop being defensive and start being offensive.
The Democrats should have taken the gloves off after McConnell refused to confirm Garland and ended the filibuster.
since the Democrats don’t have a time machine, I just want them to learn from their mistakes. They’re still using the same strategy of when they go low, we go high -and we lose.
No, there are a lot of things that are not legal but also not criminal. Here, the difference is whether or not the President is empowered to take such action. Similarly, the President cannot enact a new tax law or bind the nation to a treaty as he lacks the legal authority to do so, but attempting to do so wouldn’t (under some scenarios) be an otherwise criminal act.
Also, the reality is these rulings are only when it benefits whomever pays them the most.
You’d have to convince Putin and a lot of trillion dollar corps that own these justices first. Which seems very unlikely.
He could sacrifice himself for the greater good and commit illegal acts to wipe the SCOTUS and start again with people that will hold him accountable for his illegal acts. He has a unique opportunity that will go away either through reform or the dismantling of US democracy. Either way, the opportunity is now or never
The scorched earth approach would cause problems for Kamala’s campaign. After the election however there are a couple months where Biden is still in charge and could go scorched earth with impunity (which would also demonstrate how stupid that system is as well).
The Supreme Court gave him an avenue, an official act by executive order. Remove 3 conservative justices reducing the Court to it’s original number of 6.
Or, better yet, increase the number of justices to at least the number of circuits we have. I would say take that number and multiply it by three so that there are 3 from each that can form a small panel to deal with smaller issues and form a larger, randomly selected, 9-11 judge panel to deal with bigger issues. It would also dramatically limit the power any one justice holds. Mandate a strict code of ethics and disclosure and put in term limits.
Tbf it is difficult to uphold the constitution in another way. For instance, if Congress passes a bill that contradicts the constitution you have a contradiction. How else, than through courts, would you resolve the contradiction?
Biden could make a presidential address during prime time to declare a general strike until his demands are met.
We need to start thinking of extra-legal and post-electoral means of effecting change.
The Court’s decision just removes criminal liability for the President for such official acts. It does not render them legal or proper.
Let the 6 member court deliberate this executive decision. Democrats need to stop asking for permission. Republicans don’t. They act, then apologize for overstepping. Democrats need to stop being defensive and start being offensive.
They haven’t apologized in a long time
The Democrats should have taken the gloves off after McConnell refused to confirm Garland and ended the filibuster.
since the Democrats don’t have a time machine, I just want them to learn from their mistakes. They’re still using the same strategy of when they go low, we go high -and we lose.
TokenBoomer didn’t say how the Justices were to be removed.
👿
Is it technically murder if the president orders it?
Its assassination which to me, sounds like an official act.
Which, per the Justices in question, is totally legal and cool if the President does it.
Let’s see SCOTUS enforce a ruling.
Doesn’t removing criminal liability basically make it legal?
No, there are a lot of things that are not legal but also not criminal. Here, the difference is whether or not the President is empowered to take such action. Similarly, the President cannot enact a new tax law or bind the nation to a treaty as he lacks the legal authority to do so, but attempting to do so wouldn’t (under some scenarios) be an otherwise criminal act.
Also, the reality is these rulings are only when it benefits whomever pays them the most.
You’d have to convince Putin and a lot of trillion dollar corps that own these justices first. Which seems very unlikely.
He could sacrifice himself for the greater good and commit illegal acts to wipe the SCOTUS and start again with people that will hold him accountable for his illegal acts. He has a unique opportunity that will go away either through reform or the dismantling of US democracy. Either way, the opportunity is now or never
The scorched earth approach would cause problems for Kamala’s campaign. After the election however there are a couple months where Biden is still in charge and could go scorched earth with impunity (which would also demonstrate how stupid that system is as well).