this post was submitted on 07 Jul 2024
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Rep. Joseph Morelle of New York, the top Democrat on the House Administration Committee, sent a letter to colleagues informing them of his intent to file the resolution, which would kickstart what’s traditionally a cumbersome amendment process. 

“This amendment will do what SCOTUS failed to do — prioritize our democracy,” Morelle said in a statement to AP.

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[–] [email protected] 33 points 4 months ago (2 children)

What's to stop the ~~monkey paw~~ SCOTUS from simply interpreting a large hole in the amendment?

[–] [email protected] 30 points 4 months ago (3 children)

The only way this ever gains traction is if Biden starts abusing the Supreme Court ruling. As long as Republicans see this as something that doesn't hurt them, they will never support it.

[–] [email protected] 11 points 4 months ago (1 children)

So you're saying Biden should start abusing his new powers, maybe by eliminating certain lifetime appointees?

[–] [email protected] 3 points 4 months ago* (last edited 4 months ago) (2 children)

Not really how that works.

It’s like saying “you’re immune from gun shots” and then you go out and try to fly. The immunity doesn’t grant him extra power within his position, it just grants him immunity if he misuses those powers “officially”.

So he could sell pardons, or order the justice department to release his son, or openly accept bribes in a quid pro quo agreement. As long as it’s “official duties” it’s fair game.

And yes, he could likely shoot someone on fifth avenue and state it was official business, and he would have an argument for immunity. Not that it would likely fly at that point.

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

He also has the power to order special forces to kidnap people and send them to blacksite prisons for being threats to national security. Just sayin'

[–] [email protected] 1 points 4 months ago

I disagree. Remember how many of Trump's cabinet and campaign members were convicted of felonies?

Also, Gitmo. Just saying. Bush and Condoleeza Rice weren't the ones hooking up people to car batteries.

If you are a corrupt sack of shit, it's easy to get a bunch of criminals to do dirty work for you!

[–] [email protected] 7 points 4 months ago* (last edited 4 months ago)

the problem is that the ruling hands all the power to the courts so if Joe Biden and Donald Trump committed the same crime for the same reasons the courts could say one has immunity and the other doesn't. The only fix is to take power from the court and just bar the courts from creating immunity at all for any reason.

[–] [email protected] 1 points 4 months ago

So force them to openly not support it then.

[–] [email protected] 9 points 4 months ago (2 children)
  1. Congress passing a constitutional amendment takes priority over court decisions, but there are cases in the past where state laws contradiction federal laws allowed a court ruling to have more power over enforcement such as the 15th Amendment.

  2. Impeachment of justices by Congress, this was the intentional method of reeling in a rogue SCOTUS, TBH I think that step should even come first but there is no reason not to work on both simultaneously.

[–] [email protected] 4 points 4 months ago (1 children)

It's a not point since it'll never make it past the GOP jackwagons in the house.

[–] [email protected] 3 points 4 months ago (1 children)
[–] [email protected] 2 points 4 months ago (1 children)
[–] [email protected] 3 points 4 months ago (1 children)
[–] [email protected] 1 points 4 months ago (1 children)

Poe's law indicates a high chance they weren't making a reference and were completely serious.

[–] [email protected] 1 points 4 months ago

I was making that reference

[–] ZombiFrancis 4 points 4 months ago

Which is why it is important that they're pursuing an amendment to the Constitution and not proposing a legislative statute: SCOTUS case law supercedes everything except what is in the Constitution.