Ballsy move. I support this
An amendment requires a two-thirds majority vote in both the House of Representatives and the Senate.
It's worth a try but don't pin all your hopes on it.
And that's only half the battle - then 3/4 of the state legislatures must pass it as well
IMO the only valid move for Biden right now asap, is to use his new immunity powers to invalidate his immunity powers, as a display of self checkmate.
Declare the full supreme court under threat of death has to go back and redo the decision, and all of them must vote to reverse it and remove the presidential immunity, or be hung.
This of course means "if you dont remove my ability to kill you, you will die".
Its the ultimate display of being handed ultimate power, and rejecting it through the power itself.
I cant think of any other move that makes sense really. It would be a headache in court but thats what the supreme justices get for making such a stupid ass decision.
As far as I understand the decision (IANAL!), the definition of what constitutes an "Official Act" is left intentionally undefined, so in effect you can only claim this ultimate power if the courts like you in order to declare what you're doing official.
This means, if I understand it correctly, king powers for Trump and nothing for Biden. They'd just rule everything Biden is doing as not an official act.
The ruling happens after the act. Who knows what justices we’ll have by then.
*hanged.
"Hung" is a... different thing, which the male justices might see as a positive.
We are dealing with psychopaths who are itching to murder people and they vow to NOT recognize a free and fair election. VOTE people.
You realize immunity doesn't mean declare what you want, and you get it?
Also It's not illegal for Biden to say he is invalidating his immunity powers, it's just meaningless. Now if he punched Stormy Daniel's until she agreed to give syphilis to the court, that might be illegal acts that fall under his official duties.
Also, you need the courts behind whatever illegal thing you are going to do.
The idea that you actually need courts behind you is laughable. Power is enforced through the threat of violence, this is how law enforcement functions. Courts do not have soldiers.
Know who does? Commander-in-Chief, now with full immunity for any official act, like, giving orders to the military.
One could say perhaps the soldiers themselves would be afraid of prosecution and would disobey orders, since they don't get immunity. Until the President pardons them anyway.
Otherwise only one last line of firm defense remains: the oath each serviceman takes to defend the Constitution against all threats, foreign and domestic. That might make someone disobey an illegal order.
The coward Clarence Thomas would resign. Piece of shit.
Sounds like a win to me
Finally someone with the fucking stones to call this fascistic slow crawl out for what it is, we can still stop this. If I'm a single issue voter who's only concern is not wanting to "live" under the yolk of a tyrannical monarch (me, but not single issue), then this has my attention. The clock is ticking, I hate it too.
Ooh, I haven't seen this turn of phrase in a while. I think you may want "yoke" over "yolk" here though.
The Constitution already guarantees this. SCOTUS is (as it is wont to do) brazenly defying it.
They should spend the rest of their natural lives in small concrete cells for the way they’ve deliberately and maliciously violated & stolen the rights of all Americans.
6 of them anyway. The other 3 seem to be good so far.
The patriotic thing to do for Biden is to go on a crime spree using his newly found immunity. All crimes must be part of core acts or official acts. See how long that takes
Seriously, he needs to "no not like that" this shit so far that the Republicans have no choice but to reign in their bullshit.
How are they expected to prosecute the "Biden Crime Family" if they can't prosecute the Kingpin?
I think this is unironically how they need to spin it. Convince the Republican base that this ruling is actually better for Biden than it is for Trump by repeating their own false narratives back to them - that the Biden Crime Family will get away with everything. Albeit, the things he could actually get away with are limited to what the court determines is an official act, and given the current makeup of the SCOTUS it's unlikely that they would side with him even if there were precedent, but he would be still almost untouchable under this new ruling no matter how you spin it.
Have a case against Joe Biden? Sorry, all of that evidence is now inadmissible in a court of law because it happened while he was president. Too bad, Republicans! Maybe if you were to... I dunno, pass a constitutional amendment that revoked that privilege. But oooooh nooooo, that would be horrible! Please, anything but that! All our nefarious plots would be undone and Biden would go to prison!
Do this in tandem with Biden taking full advantage of the current immunity to utterly destroy the Trump campaign since it is a threat to democracy. We'll get that amendment passed in no time.
And throw the corrupt justices in jail.
I agree with this political stunt to point out the Trump Courts illegitimacy.
The words of the constitution currently have no value to the Trump Court. They just invented Total Criminal Immunity for official acts, and anything said to a government employee isn't admissible in court. In a country founded on the idea no one is above the law.
This court is worse than the Dredd Scott court, they'll just rule up is down and any amendment meant to undermine their decision actually affirms it.
For those arguing that Biden couldn't do the funniest thing ever, I disagree. It truely doesn't matter if they rule it an unofficial act. The purpose of this ruling is to get Trump out of his 34 felonies he's already been convicted of because they used a lot of testimony from administration employees. So as long as that part of the ruling stands, Biden can still get away with anything. How do you convict with no witnesses.
The constitution even says the president isn't immune and the federalist papers spells it out EXTREMELY clearly for any "originalist" to read.
Honestly the courts should call out SCOTUS on lying and making an invalid ruling that the constitution does not give them the authority to make, then just acting like it didn't happen.
ADDING an Amendment to a Document that the Supreme Court is IGNORING is the PERFECT way to Fix this!
The SCOTUS will rule the president still has immunity, again...they don't care what the Constitution actually says.
A constitutional amendment implies that the constitution doesn't already cover this when, in its plain language, it definitely does. This provides an implicit concession that the court was right.
Don't give them that. Pack the court and issue the opposite decision at the earliest opportunity.
Honestly at this rate, just start the fucking civil war already. I'd rather go hungry and fight than be pinned by fascists. They're not playing by the rules, and they intend to do us harm. Fuck that. I've got faith in us anyway, we're smart enough to not fall for their obvious horseshit and we're smart enough to win if it comes to it.
This will never happen. You can't get enough states to agree let alone Congress. Getting an amendment passed is near impossible in this climate. The mere fact that a Democrat proposed it mean FOX will demonize it as a threat to america
True, but it's still the right thing to do. At the very least it will force some members of Congress to clearly and undeniably declare themselves as supporters of tyranny.
Use amendment 14 section 3 to remove most of the Republicans from office.
Get rid of the idea of judicial review.
House Democrat... Great, so it's dead on arrival then.
Republicans control the House and they will never allow a vote on this.
Unless maybe biden threatens to use his immunity
Yay! I will have a garbage plate in Joe Morelle's honor the next time I am in Rochester.
(Although I do admit, I was probably gonna order the plate regardless)
Nothing pisses off congress more than having to do something and vote on legislation. Supreme Court made an enemy.
This is the way.
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