David August ❌👑Jul 5, 2024

House Democrat is proposing a constitutional amendment to reverse Supreme Court's immunity decision. We need it, even if GOP will stop it.

https://apnews.com/article/supreme-court-immunity-trump-biden-9ec81d3aa8b2fd784c1b155d82650b3e

#scotus #politics #law #democracy #USpol #presidential #immunity #PresidentialImmunity #election

House Democrat proposing constitutional amendment to reverse Supreme Court immunity decision

A leading House Democrat is preparing a constitutional amendment in response to the Supreme Court’s landmark immunity ruling. Rep. Joseph Morelle of New York says he is seeking to reverse the court's decision “and ensure that no president is above the law.” It’s the most significant legislative response yet to the decision this week from the court’s conservative majority. Congress can launch the Constitutional amendment process with a two-thirds vote of both the House and Senate, which is highly unlikely during the period of divided government. It then needs ratification by three-fourths of the states. There have been 27 amendments to the U.S. Constitution.

AP News
Show threadDimples
@davidaugust
I applaud the idea. But constitutional amendments are more complicated than passing a law. They require constitutional conventions, congressional approval by 2/3 majority and then ratification by 3/4 of the states. The ERA is still languishing decades later on the state approval.
The idea of a CC also allows for proposals like banning abortion federally or enshrining immunity. So we need to be careful here. I’m not sure if this is the path.
Jul 5, 2024 at 8:46pmWeb
Show threadDavid August ❌👑Jul 5, 2024
@Magooish it does not have the votes to make it passed Congress; it is essentially a tantrum when we know from the start it will not succeed. However, perhaps we need a tantrum.
Show threadBruce MirkenJul 5, 2024
@Magooish @davidaugust To be clear, you don't have to have a constitutional convention, but you do need those supermajorities on Congress and of the states. That's close to impossible right now.
Show threadWizard Bear (💉x8 + 😷)Jul 5, 2024
@Magooish @davidaugust Amendments don't "require" constitutional conventions. That's just an option. They do require House and Senate approvals along with ratification of the states as noted. FWIW: The RW wants a constitutional convention to destroy our rights under the existing US Constitution.
Show threadDavid August ❌👑Jul 5, 2024

@WizardBear @Magooish worth noting there’s a path to make a Constitutional Amendment that does not require anything of Congress.

source: https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/

The Constitution | The White House

Why a Constitution? The need for the Constitution grew out of problems with the Articles of Confederation, which established a “firm league of friendship”

The White House
Show threadDimplesJul 6, 2024
@davidaugust @WizardBear either path is unavailable currently, but I stand corrected, thanks.
Show threadWizard Bear (💉x8 + 😷)Jul 6, 2024
@Magooish @davidaugust TY for the reply Dimples. This is one of things I like about #Mastodon , people respond respectfully to others and we can have actual convos. All the best to you.