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Don't forget that he is only president NOW because we are already ignoring the constitution. Don't act like breaking a different amendment is any different. We already lost our constitution and rule of law when we stopped enforcing them.
14th amendment - Section 3
"No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."
He engaged in insurrection, Congress never voted to remove it, he is holding office NOW despite our constitution stating quite clearly he is ineligible.
Illegitimate president.
Yeah, the Supreme Court finding that the President was exempt from that wording really shows you the hoops they are willing to jump through to take over the government.
I'm horrified but also morbidly curious to see what bullshit they'll be coming up with next to let Trump continue to rule.
They can just declare "a term" to mean 10 years. Or say "the law means two CONSECUTIVE terms is the limit" or whatever they want.
If no one stops them or holds them accountable or enforces the law or constitution then what's the point of having any laws?
Not that laws have ever been fairly enforced, but come on...
You can bullshit around the insurrection label, but the term limit is pretty cut and dry. Not going to stop them, but the ramp is how we got here.
Is it though? I've already seen arguments like "It only means two CONSECUTIVE terms" and other such bs arguments.
The thing is, if no one enforces a law then you have no law. You can write a rule on a piece of paper, but if you don't follow it what does it actually mean?
Even without the consecutive terms bit that's obvious nonsense there is a legitimate legal question that could potentially be used and legal. It's not a new theory floated for Pedonald, it's been an unsettled question since the passage of the 22nd Amendment. 22nd Amendment's relevant bit is
By the most narrow, strict reading of the text it only prevents election, if they can find a way to become President without being elected such, there's a reasonable read that 22 doesn't trigger. 12th Amendment contains the text
Does ineligibility to be elected trigger the ineligible to the office clause? Could he run as VP with a loyal puppet who immediately steps down? Main legal opinion is "probably not", but there's enough wiggle room there that I wouldn't trust the current corrupt Supreme Court not to side with him.
You make good points.
The supreme court is on his side
His underlings and toadies are on his side.
And that's why they need to be abolished. It was obviously a bad idea, let's try something else.
Im curious what the alternative to an ultimate judicial authority might look like?
Here's what I think. There should be 11 of them, and on an 11 year cycle they should be directly elected by the people 1 per year, 11 year term, 1 term limit. They should be selected from a pool that is made up of high level judges in the country, and the members of that pool who decide to run for the position need to pass some sort of test by an independent board of constitutional scholars.
As the Supreme Court makes rulings, rulings that allow or affirm a right or action should be set in stone and no longer challengeable unless the entire panel of 11 judges unanimously decide that the issue needs to be reheard.
Something like this anyway, I'm sure there is more to consider but this is the general idea that I think would work.
That sounds interesting, especially your view on rulings being unchallengeable. Full disclosure im Canadian so our system has differences.
To me, the root cause of that tension really stems from what I view as an inappropriate use of the judicial as law writers. It's politically convenient for elected officials to use the cover of some rulings to allow ambiguity to persist in the law.
I think the ultimate cause of this in the US system is the general consensus (which by my read is not the intention of the law) that your constitution is immutable. Rulings on constitutionality are especially important because your constitution is amended so infrequently.
But with any rulings, I think that they should actually be MORE ephemeral, not less, based on the amount of dissent between judges. If a ruling is 5-4, there is a strong argument that the underlying law is unclear. This type of split I think is better resolved by the demand that legislators update or amend the law to add clarity. Judges, as interpreters of the law, are useful in function as a type of "quality check". A 5-4 ruling, I would argue, amounts to the judicial writing law in the absence of clarity.
A 9-0 ruling? Law is fine. 8-1, probably still pretty good.
Even on a 9-0, there is nothing STOPPING the legislative branch from re-writing law. It is thiers to write and rewrite.
I just think tight splits should trigger some mechanism which demands a law-based resolution to clear up the underlying ambiguity within a specified time frame.
I get why legislators were happy to avoid touching law about things like abortion and let SC rulings be thier cover... they're elected. It is convenient and safe. But they're not really doing thier jobs.
Anyhow, that's my 0.02
The court should be made up of a rotating panel of judges, made up of judges from the district courts, or lower courts in general, so the judges themselves are also subject to the court’s rulings, rather than a few permanent power-hungry narcissists imperiously sitting above us all with no accountability.
Each judge must be part of the Supreme Court for a year or two at a time, call it a “detail,” then they go back to their normal job as a judge.
That actually seems pretty practical.
Ok, yeah, this sounds reasonable to me.
This is still describing an ultimate judicial authority (aka, a "Supreme court") just one with an alternative formulation of the conditions for which one serves on the court.
Original guy seemed to imply just getting rid of it as a concept entirely.
Something more horizontal.
Jury duty, but for the judges too?
I hope not, I'm pretty convinced that jury duty is a bad idea because average citizens are very easily misled by legal professionals.