194
submitted 5 days ago by [email protected] to c/[email protected]

For reference: Article 48 Wikipedia I’m trying to understand how anyone with any knowledge of the history of dictators could possibly justify granting a president unchecked “official” power so if anyone has any actual theories I am ALL ears.

you are viewing a single comment's thread
view the rest of the comments
[-] [email protected] 4 points 4 days ago

I think that immunity for explicitly delineated powers makes sense purely from a logical point of view: the constitution says the president can do a thing, therefore a law saying they can't do that thing is either unconstitutional, or doesn't apply to the president.

You are effectively implying this, but I will say it explicitly - you don’t need immunity to reconcile the logical conflict. The courts can simply find that that law is unconstitutional facially (if it is specifically directed at an enumerated executive power) or as-applied (if it is a general law that sweeps in executive conduct that falls under an enumerated power). In other words, it’s not that the President is immune from criminal prosecution for violating a criminal statute, but instead Congress violated the separation of powers when passing the law and it therefore can’t be enforced because it is unconstitutional. In that situation, this would be a defense to the prosecution, with the burden being on the President to raise and prove the unconstitutionality of the law just like any other defendant. We don’t need to invent a new immunity to protect the President against Legislative excesses.

[-] ricecake 3 points 4 days ago

I'd agree that that would also be a valid way of accomplishing the same thing. Given the history of how we've handled things like civil immunity for the presidency before, it's at least consistent to call it an extension or clarification of existing practices, rather than something new.

[-] [email protected] 1 points 4 days ago

Yeah, that’s fair - ‘new’ is probably not wholly accurate.

this post was submitted on 02 Jul 2024
194 points (95.8% liked)

Asklemmy

42524 readers
947 users here now

A loosely moderated place to ask open-ended questions

Search asklemmy 🔍

If your post meets the following criteria, it's welcome here!

  1. Open-ended question
  2. Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
  3. Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
  4. Not ad nauseam inducing: please make sure it is a question that would be new to most members
  5. An actual topic of discussion

Looking for support?

Looking for a community?

~Icon~ ~by~ ~@Double_[email protected]~

founded 5 years ago
MODERATORS