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] 149 points 8 months ago (5 children)

This is the only way to change that. I don't have much hope that it'll pass, though.

[–] [email protected] 69 points 8 months ago (3 children)

But SCOTUS can choose how to interpret this amendment however they choose.

[–] [email protected] 29 points 8 months ago (3 children)

And a President can fire them. Or more. Because they said he could.

[–] [email protected] 14 points 8 months ago (1 children)

What’s he waiting for then?

[–] [email protected] 21 points 8 months ago (3 children)

He's too virtuous. He hasn't processed that anything he does is legal.

So he leads be example. Or something.

Maybe someone should explain it to him before 4 PM?

[–] [email protected] 28 points 8 months ago* (last edited 8 months ago) (1 children)

It feels so Game of Thrones-ish. Democrats are going to act all high and mighty and virtuous, while Republicans are just going to be like Cersei Lannister, "Is this meant to be your shield, Lord Stark? A piece of paper?" Republicans will run them through and sleep well knowing they won, without a guilty conscience. The President should be acting now to protect the country, not waiting for the wolves to get into the hen house and then wringing their hands that there was nothing they could do about it.

[–] [email protected] 10 points 8 months ago (1 children)

That's pretty much it. Republicans are bring out the spiked maces and Dems are just trying to fisticuff they're way out of it. Because virtue.

[–] [email protected] 7 points 8 months ago

Not even fisticuffs. They're filing a motion to discourage mace spikes over a certain length.

Pending the approval of some unelected clerk rando with only symbolic authority, of course.

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

Being free from the consequences of your actions does not give you absolute power and authority. He can't fire them, because he never had that power. What he can do is have them swatted and kill them in official capacity, although he can still be impeached.

[–] [email protected] 5 points 8 months ago (3 children)

Trump signed an executive order and made much of the executive branch fire-able. Go far enough and that influence can turn into control over other parts of the government.

There's a path to effective termination.

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[–] [email protected] 6 points 8 months ago (3 children)

Under the new authority they’ve granted him, he can also “fire” them, if you get my meaning.

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[–] [email protected] 9 points 8 months ago

It’s the only legislative way to change that.

There is a way that Biden could change that completely unilaterally, but he’s not going to do it.

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[–] [email protected] 60 points 8 months ago (2 children)

Biden should get on the floor and force a debate. Bring a nerf gun and just start shooting people who disagree or email in an end of debate.

[–] [email protected] 12 points 8 months ago

Unfortunately, margarine transfats green wants to carry.

[–] [email protected] 4 points 8 months ago (5 children)
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[–] [email protected] 48 points 8 months ago (2 children)

They should also abolish the supreme court while they're at it. Just have the justices be pulled at random from lower courts.

Maybe get rid of judicial review, too, since that's apparently just inferred and not an explicit power given to the courts.

[–] [email protected] 7 points 8 months ago (1 children)

Have you seen the dumbasses that get elected as judges for lower courts? Lowering the bar doesn't seem like a good idea to me.

[–] [email protected] 8 points 8 months ago

Have you seen the recent dumbasses that have been put on the Supreme Court? There is no bar.

[–] [email protected] 3 points 8 months ago

Lot harder to bribe a random pool. Good suggestion. I'd guess you want something like 17 justices though to reduce variability

[–] [email protected] 33 points 8 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 8 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] 12 points 8 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 8 months ago* (last edited 8 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 8 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'

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[–] [email protected] 7 points 8 months ago* (last edited 8 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.

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[–] [email protected] 9 points 8 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 8 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.

[–] [email protected] 4 points 8 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 8 months ago (4 children)
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[–] [email protected] 13 points 8 months ago

They have to try, get it on the record… Sad reality is all of these efforts are DOA

[–] [email protected] 11 points 8 months ago

This is the best summary I could come up with:


WASHINGTON (AP) — A leading House Democrat is preparing a constitutional amendment in response to the Supreme Court’s landmark immunity ruling, seeking to reverse the decision “and ensure that no president is above the law.”

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.

The outcome all but ensures the federal cases against Trump will not be resolved before the November election when he faces a likely rematch with President Joe Biden.

While the constitutional amendment process would likely take years, and in fact may never come to fruition, supporters believe it is the most surefire way, even beyond a new law, to enshrine the norm that presidents can face consequences for their actions.

“This amendment will guarantee that no public officer of the United States — including the president — is able to evade the accountability that any other American would face for violating our laws,” Morelle wrote in a letter to colleagues this week.

Another Democrat, Rep. Alexandria Ocasio-Cortez, said Monday she planned to file articles of impeachment against the justices over the ruling, which she said represents “an assault on American democracy.”


The original article contains 565 words, the summary contains 213 words. Saved 62%. I'm a bot and I'm open source!

[–] [email protected] 9 points 8 months ago (1 children)

Ah yes, a strongly worded letter. That's the Dem way. Works every time.

[–] [email protected] 14 points 8 months ago (1 children)

A letter informing his fellow legislators of the tangible action he's undertaking. The letter is a supplement to that tangible action, which helps empower it. What more do you want?

[–] [email protected] 3 points 8 months ago (1 children)

Ikr I am doubting my understanding of what I read. He is trying to add a new amendment to the constitution! That's pretty neat. I don't know my history well enough to know if this is uncommon but it is a new experience for me, so I also really appreciate that.

Instead of being like... bigoted shit.

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

Yeah part of being an effective legislator is drumming up support for your legislation, which is exactly what this looks like. When your job is literally writing policy into reality, "strongly worded letter" can be anything from a hollow complaint to legally actionable constitutional law.

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