General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMany people wanting Biden to do more in reaction to this Supreme Court decision require a civics lesson.
First, immunity is not some whole new set of specific powers. On a case by case basis, it applies if something is done which COULD be deemed illegal upon review but it is done as part of core Constitutional powers written in the Constitution or through official acts. And Biden is not going to go breaking laws on purpose just to get some kind of revenge or whatever hoping he will get an immunity ruling. That is just a crazy idea.
Next, Biden can not just "go after the court" or "handle the court" etc. It is a separate and co-equal branch of government. He could try to load the court with new justices, but it would be a radical move and is WAY easier said than done. And where does it end? What does the next RePUKE president do? Add even more judges?
The CONGRESS (that other co-equal branch of government) can attempt to take some actions, but the MAGATS have the House so nothing is going to be done right now around impeaching justices, passing new rules on them, amending the Constitution etc.
Here is what CAN be done: VOTE VOTE VOTE against TRUMP and REPUKES at all levels of government! Try to get Congressional majorities. Re-elect Biden so as many SANE federal judges as possible can be placed on the lower courts. Get state level power so sane state judges can be appointed at the state level. Etc.
People get the government they deserve. Trump got elected back in 2016. People voted wrong. Many didn't vote at all. This is what happened.
If people don't like facism, then VOTE and VOTE the right damn way! If they don't, they get what they deserve. No excuses!
kelly1mm
(5,756 posts)articulate than I!
Silent Type
(12,412 posts)Ocelot II
(130,536 posts)I will be deeply disappointed, of course, if the rest of his criminal charges don't stick, but as far as I'm concerned the absolutely essential thing is that he never gets anywhere near the White House again.
delisen
(7,366 posts)There is no guarantee the Supreme Court majority will let him take office. They can declare Trump to be the winner. In some recent rulings they have ignored facts of the cases and they apparently feel to do so.
This is the the situation we are in now. The Constitution Bidenswore an oath to protect and defend is no longer in effect. If he has new absolute powers which the court has now granted presidents he may have to use them in order to keep his oath.
If we do not come out now in strength and numbers against the SC 6 we will not regain our Democratic Republic.
I
TexasDem69
(2,317 posts)They have no control over the states votes unless there is some outlandish scenario like Florida during Bush v. Gore.
ImNotGod
(1,194 posts)which it does. There are enough progressives in the Senate and House to disrupt proceedings, cause chaos, put on a show for corporate media whenever the fascists pull their daily shit. Go after the fascist scotus court with everything we have, do what the fascists would do if we were the ones pulling their shit. Its like trying to fight a dirty fighter with one arm tied behind our backs, that dog don't hunt.
Deek1935
(1,055 posts)in2herbs
(4,390 posts)the electoral college. What makes you think it will be any different this time?
Biden won the popular vote by seven, not Clinton.
Deek1935
(1,055 posts)CA and NY. And you have to think voting at ALL levels where the electoral college doesn't apply.
Like it or not, the goal MUST be ELECTING MORE DEMS AT ALL LEVELS to appoint the right judges and make the right laws.
Diraven
(1,898 posts)And the only thing Trump can do is whatever the hell he wants. Got it.
Deek1935
(1,055 posts)appont the right judges and make the right laws and constitutional reforms.
This whole mess happened because not enough people VOTED for Hillary and Congressional Dems.Trump got in and appointed these assholes to the court. That's the price people paid for not voting, for voting for Jill Stein, for voting for Trump, etc.
If you don't like this shit then get people to VOTE, and VOTE for the CORRECT people at ALL levels of government.
ck4829
(37,761 posts)It'd be really swell if pressing a button one day every other November solved all of our problems, but let's be realistic here...
What other crisis or issue has been prevented or solved this way?
So I present to you from Gene Sharp's "From Dictatorship to Democracy"...
Sources of political power include:
Authority, the belief among the people that the regime is legitimate, and that they have a moral duty to obey it;
Human resources, the number and importance of the persons and groups which are obeying, cooperating, or providing assistance to the rulers;
Skills and knowledge, needed by the regime to perform specific actions and supplied by the cooperating persons and groups;
Intangible factors, psychological and ideological factors that may induce people to obey and assist the rulers;
Material resources, the degree to which the rulers control or have access to property, natural resources, financial resources,the economic system, and means of communication and transportation; and
Sanctions, punishments, threatened or applied, against the disobedient and noncooperative to ensure the submission and cooperation that are needed for the regime to exist and carry out its policies.
Are we prepared to undermine the legitimacy of Trump, of the Republican Party, of the Christian Nationalists? We should be if it's all bad as I hear it is. Do we have a moral duty to obey the things they proclaim? No, right? Are we shaming and resisting the persons and groups that would obey, cooperate, or provide assistance to them? Are we denying them skills and knowledge? Are we ready to? Intangible factors? These three often say they are backed by God? Are we prepared to reject that notion? Are we ready to deny them material resources they need? And are we defending against their sanctions?
Autumn
(48,962 posts)delisen
(7,366 posts)When a country ends the rule of law anything is possible unfortunately including military rule.
There is no guarantee that the current Supreme Court 6 will will uphold a Biden win.
It is going to take more than getting out the vote
Deek1935
(1,055 posts)Silent3
(15,909 posts)No, all of us might get stuck with the government only some of us deserve.
Deek1935
(1,055 posts)Silent3
(15,909 posts)realize my emphasis was on the word deserve. Theres nothing about the way elections work that means everyone deserves the results. Everyone might be forced to live with those results, but not everyone deserves them.
orleans
(36,919 posts)um... i don't think so
i think he should ram that fucking immunity down their (s.c.) throats, get rid of six of them, banish the electoral collage, and other things in order to protect us against trump and his freaks
Deek1935
(1,055 posts)tritsofme
(19,900 posts)orleans
(36,919 posts)is up with the naysayers?
tritsofme
(19,900 posts)Patton French
(1,824 posts)There have been quite a few fantasyland posts.
Igel
(37,535 posts)TexasDem69
(2,317 posts)Because the Constitution doesnt confer that authority on the President.
MarineCombatEngineer
(18,060 posts)Pres. Biden is NOT a King.
Pres. Biden is NOT a dictator.
Pres. Biden does NOT make law.
So kindly tell us how he's to do what you advocate.
onenote
(46,142 posts)Immunity is relevant to matters that constitute violations of a criminal statute. But many of the actions that people are demanding President Biden take -- "fire" judges or members of Congress, replace them with unilateral appointments, etc. via executive order -- are not crimes that would be impacted by immunity. They are actions that the President has no authority to take. Presidents have issued executive orders and had them invalidated and rendered ineffective for years and years. No one has ever suggested issuing an executive order that is contrary to law and struck down by the courts was a crime. President Obama appointed three members to the NLRB relying on his recess appointment power. The Court found that the recess appointment clause did not apply to those appointments and nullified the appointments and the actions taken by the unlawfully appointed majority. President Obama wasn't charged with a crime. His appointees weren't charged with a crime. Why? Because there is no criminal statute that would apply to those actions. And that's the case now, just as it was before the immunity decision. If President Biden tried to remove judges -- something which he has no authority to do under the constitution, or expand the court, something that Congress, not the president, is authorized to do, or name new justices without getting senate confirmation -- the courts would immediately invalidate those actions and there would be nothing the President could do about it.
DemocraticPatriot
(5,410 posts)then fascism will have already won.
dchill
(42,660 posts)hlthe2b
(113,971 posts)his enemies as "communists" thereby giving him his unlimited powers in 1933.
Likewise, maybe learn a bit about FDR and his response to an out-of-control ideological court.
Read some damned history along with your civics lessons (the latter which I likewise do agree with).
Deek1935
(1,055 posts)Easier said that done right now. We don't control the whole Congress. Not gonna happen, and not necessarily a good idea in the long run.
People are suggesting things outside the realms of reality.
WIN ELECTIONS. That is what to do.
hlthe2b
(113,971 posts)strawman. Read history and stop asserting positions on me I never made.
alarimer
(17,146 posts)So the election interference stuff has nothing to do with his official duties. Unless I'm missing something. Nixon seemed to think as long as he was president, EVERYTHING was an official act. I don't know.
People seem to think he could literally get away with murder and I'm not sure if that's true. (I mean the Supreme Court legalized bribery of officials, too, so long as you do it after and not before. So I could be way off base here).
Turbineguy
(40,074 posts)The Supreme Court has told us, "you elect trump, you get trump" Nothing he did when he was in office was a surprise. But he did have some guardrails. He won't make that mistake again. You wanna die? Vote for trump. You wanna get ripped off? Vote for trump. You like to see people suffer? Vote for trump.
bucolic_frolic
(55,140 posts)Ignore the Court, and just keep doing what you've always been doing. Let them try to enforce it. This Court majority has destroyed its own legitimacy. The other EQUAL branches of government can push back. Just be prepared for a tussle.
Bettie
(19,704 posts)the court meant it to apply to Democratic presidents.
That is the long and short of it.
They have decided that the six MAGATs are the ultimate authority on literally everything in this country.
Mad_Machine76
(24,957 posts)Meanwhile, Republicans will push the limits at every single opportunity. :-/
The Wandering Harper
(915 posts)there would be one for each circuit is logical and removes the
"they did it, so we can do it too" justification for future expansions
Mad_Machine76
(24,957 posts)It needed to be said.