this post was submitted on 29 Jul 2024
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[–] RestrictedAccount@lemmy.world 303 points 3 months ago (3 children)

If the Democrats don’t win a landslide, this goes nowhere.

Vote!!!!

[–] mecfs@lemmy.world 108 points 3 months ago (8 children)

It’s not gonna happen, we need 2/3rds of states, but when republicans block it, it sends a clear message who the wannabe autocrats are.

[–] UnderpantsWeevil@lemmy.world 79 points 3 months ago

it sends a clear message

eye-roll Need to stop pretending that Republicans are just being cutesy and cryptic, and recognize that large parts of the country fully endorse a fascist federal government.

[–] ashok36@lemmy.world 36 points 3 months ago (5 children)

Let them vote against it. Let them vote against all the popular ideas and see where that gets them.

[–] A_Random_Idiot@lemmy.world 105 points 3 months ago (6 children)

See where it gets them? It gets them right where we are now, with them on the precipice of turning the country over into a russian style dictatorship with billionaire oligarchs and their bought politicians running little fiefdoms?

Have you not being paying attention to how fucking enthusiastic a not-insignificant chunk of the country is for fascism and enshrining their teams power as dominate and eternal?

[–] Xanis@lemmy.world 25 points 3 months ago

tldr: Stop being blind in your tolerance. Start calling everything you see that is unjust and malicious out. Your freedom probably depends on it

[–] dylanmorgan@slrpnk.net 10 points 3 months ago (1 children)

You make a fair point. I do think there are signs the democrats and progressive are finally seeing that they need to play hardball. Amendments are a long play, and if the democrats have “candidate x thinks Clarence Thomas should be able to go on million dollar vacations in exchange for his vote on the Supreme Court” to smack every republican with for the next decade or so, it makes winning the necessary states a real possibility.

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[–] Signtist@lemm.ee 23 points 3 months ago (4 children)

Most republicans I know believe that their party, like their country and their religion, needs to be followed blindly; if their party supports it, it's good, and if their party rejects it, it's bad. End of story. No more thought will, or should, be put into it.

The people who go on and on about how America is the best because "freedom" are now working out whatever mental gymnastics they need to perform to justify voting for the man who said if you vote for him you won't need to vote anymore. They already chose to support Trump and his party - nothing they say or do anymore will change that decision.

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[–] anindefinitearticle@sh.itjust.works 15 points 3 months ago* (last edited 3 months ago) (3 children)

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress

An amendment needs to be proposed by 2/3 of both houses of congress, or 2/3 of states can call a convention where any amendments can be proposed. Then an amendment needs to get 3/4 of states to ratify.

If I’m reading this right, that is.

So we need 2/3 of both houses of congress and 3/4 of state legislatures to agree. A large hurdle, but doable and necessary for our democracy. We’ve done it before, and now is a time in our history begging for amendments/reform.

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[–] mipadaitu@lemmy.world 10 points 3 months ago

There are still other options if this goes nowhere. If they have the numbers, they can impeach the sitting justices and/or pack the court with more.

Also, it's possible that if the republicans see a string of back-to-back democrat presidents, maybe presidential immunity would be less popular. Especially after trump finally kicks the bucket.

Of course none of this matters if the dems don't win in November.

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[–] makyo@lemmy.world 13 points 3 months ago* (last edited 3 months ago)

Absolutely right but it does also make this a more concrete election issue. This sets up Harris clearly for reform and makes a strong argument against Trump's criminality and the corruption he spreads.

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[–] hohoho@lemmy.world 92 points 3 months ago (1 children)
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[–] orcrist@lemm.ee 72 points 3 months ago

Good. We needed to hear this. How much can be done, we shall see, but a plan is a great starting point.

[–] teamevil@lemmy.world 69 points 3 months ago (2 children)

Vote but I think it would be absolutely brilliant if Biden uses the immunity to arrest and remove every single person trying to strip our country away. Lock up every last one, including any corrupt judges.

[–] UnderpantsWeevil@lemmy.world 54 points 3 months ago (4 children)

I think it would be absolutely brilliant if Biden uses the immunity to arrest and remove

He's not doing this and people need to stop wish-casting that he would in order to cope with the party's refusal to oppose Republican policy.

[–] troybot@midwest.social 16 points 3 months ago (1 children)

If Democrats follow that playbook it only legitimizes it, giving a future Republican administration the green light to do it as well.

The correct response is what we're seeing from Biden today. Put it down on paper and get it on record who really supports the rule of law

[–] theparadox@lemmy.world 27 points 3 months ago (1 children)

If Democrats follow that playbook it only legitimizes it, giving a future Republican administration the green light to do it as well.

I 100% agree in spirit. However...

giving a future Republican administration the green light to do it

One of the many problems with American politics is that the Republicans do not need legitimacy or a green light. They'll fucking do it anyway. They'll also cry foul if they catch a whiff of a democrat thinking about doing it. Or they'll just accuse a democrat of doing it and they'll just use that as justification for doing it first.

They know their policies are wildly unpopular and that they won't even be able to maintain power by illegitimate minority rule, which they have been doing for decades now.

It's grab power now or regroup and accept that they've lost the culture war. They are not going to go quietly, as recent events and Project 2025 has made crystal clear.

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[–] havocpants@lemm.ee 15 points 3 months ago (1 children)

If I understood the ruling correctly, that "immunity" is the supreme court saying the president is immune for "official acts" - and they get to decide what those are. This is not immunity for Biden, it's a fascist coup happening in slow motion.

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[–] cupcakezealot@lemmy.blahaj.zone 64 points 3 months ago (2 children)

it's a testament to how corrupt the court has gotten that just four years ago public sentiment was steadfastly against reforming the court.

[–] Delusional@lemmy.world 39 points 3 months ago* (last edited 3 months ago) (5 children)

And that's how much damage one lunatic republican can do when in office. Four more years of it without some kind of safety net in place will destroy the country as we know it. Thanks for ruining everything good republicans!

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[–] JamesTBagg@lemmy.world 58 points 3 months ago (2 children)

I have doubts a constitutional amendment will pass, but hopefully there are other avenues to enact this plan.

[–] TokenBoomer@lemmy.world 41 points 3 months ago (6 children)

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.

[–] Telodzrum@lemmy.world 26 points 3 months ago (9 children)

The Court's decision just removes criminal liability for the President for such official acts. It does not render them legal or proper.

[–] psycho_driver@lemmy.world 30 points 3 months ago (1 children)

TokenBoomer didn't say how the Justices were to be removed.

[–] TokenBoomer@lemmy.world 11 points 3 months ago* (last edited 3 months ago) (3 children)

👿

Edit: I am not advocating for violence………………. . . yet.

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[–] TokenBoomer@lemmy.world 15 points 3 months ago* (last edited 3 months ago) (3 children)

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.

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[–] zbyte64@awful.systems 32 points 3 months ago (2 children)

Step 1) Executive order that appoints fake judges to the supreme Court, bypass Congress by ordering the executive branch to treat the judges as legitimate.

There is no step 2.

[–] cupcakezealot@lemmy.blahaj.zone 28 points 3 months ago (2 children)

i mean technically it's an official act as president so it's not illegal.

[–] BambiDiego@lemmy.world 25 points 3 months ago (1 children)

Supreme Court: Who said you could do this?!

President: You did

[–] PythagreousTitties@lemm.ee 13 points 3 months ago

"I learned it from you, Dads!"

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[–] M500@lemmy.ml 32 points 3 months ago (5 children)

I don’t get the appointing of a new judge every two years for 18 years. Does that mean that the courts are gonna like fill up with a bunch of justices or is it just every two years you can replace an empty seat?

[–] FuglyDuck@lemmy.world 142 points 3 months ago (1 children)

To expand on what AirBreather said, the new justices would have an 18 year term, replacing one every two years.

this is actually a reasonable solution I pushed a while back. Basically, it would keep the aspect of the court changing slowly (an intentional feature,) but it would still let it change. Further, each president gets two SCOTUS peeps at predictable times, removing the ability of the senate to play games and game the system. (or installing relatively young judges who will serve for forty+ years.)

[–] assassin_aragorn@lemmy.world 13 points 3 months ago (1 children)

I was pleasantly surprised to see him propose this too. I've heard a lot of people online throw around the idea. I'm glad it's getting more mainstream attention too.

Not to mention, this also ensures the court is keeping up with modern society. You won't have 80 year old judges using outdated interpretations

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[–] airbreather@lemmy.world 65 points 3 months ago (5 children)

Once the lifetime appointees have been dealt with in whatever way, the Court will have nine members, each appointed one after the other with two years in between, with the next-most-senior member's term expiring every two years to keep the number stable at nine.

[–] acockworkorange@mander.xyz 47 points 3 months ago (1 children)

Once the lifetime appointees have been dealt with

This sounds specially more ominous now that the President is untouchable.

[–] CaptSneeze@lemmy.world 21 points 3 months ago (1 children)

The same dark comedy thought crossed my mind!

I expect they might retire and replace the existing judges, one every two years, in order of length of time already served. This would make it so they start this new system off already having 9 seats filled.

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[–] vin@lemmynsfw.com 30 points 3 months ago (6 children)

Would have been nice to add insider trading by anyone in government to this list

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[–] bquintb@midwest.social 16 points 3 months ago

This has been a long time coming. here's hoping the US gives Kamala a blue Congress so we can enact these changes.

[–] elbucho@lemmy.world 13 points 3 months ago* (last edited 3 months ago) (31 children)

I'm a bit skeptical on the first bullet point: while I'm all for an amendment to the US constitution that spells out in detail the limits on presidential authority, it's still an amendment that has to get passed. That means that it needs a 2/3rds majority in both the House and the Senate, or it needs to be supported by 2/3rds of the state legislatures. I don't think there's any way in hell that Biden's going to be able to get that through while the prospect of Trump regaining the presidency is on the horizon. At the moment, 47% of the US Senate is Democrat, with 4% caucusing with the Democrats most of the time, 49% of the US House is Democrat, and 46% of State Governors are Democrat. While it's not 100% certain that all Republicans would vote along party lines, I'm reasonably certain that all Republicans would vote along party lines, which means a constitutional amendment is dead in the water.

Now, if Harris wins the presidency, there's a good chance that the Republicans would be willing to vote for an amendment to curtail presidential authority. But right now? Nuh uh. Not gonna happen. As for the other two bullet points, they're certainly more possible right now than a constitutional amendment, but still unlikely. Dems don't have a filibuster-proof majority in the Senate, and I'm certain that the Republicans would filibuster the shit out of that. Even if that wasn't the case, there's no way it'd pass the House. Best case scenario, Harris wins, with a large majority in both houses, and is able to push some legislation along these lines through.

Edit: changed language from "ratified by 2/3rds of the states" to "supported by 2/3rds of the state legislatures".

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[–] caboose2006@lemmy.ca 12 points 3 months ago (1 children)

Ha. Good luck with that, seeing as it'll be the supreme court ruling on the constitutionality of any law that's passed. In short it'll take a constitutional amendment to do anything, and that's not happening in this political climate

[–] TheEighthDoctor@lemmy.world 11 points 3 months ago

He can kill them all and declare it an official act

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