Elihu M. GersonJul 6, 2024
David August ❌👑

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
Jul 5, 2024 at 5:09pmWeb
Show threadJohn GordonJul 5, 2024
@davidaugust If Trump loses they may change their minds.
Show threadDavid August ❌👑Jul 5, 2024
@jgordon no. The rule of law has been supported by Americans throughout our history, with the current GOP a distorted exception.
Show threadFlaming CheetoJul 5, 2024
@davidaugust @jgordon yup, this should be pursued in Biden 's 2nd term.
Show threadJohn GordonJul 7, 2024
@davidaugust There was a civil war about rule of law though …
Show threadDavid August ❌👑Jul 7, 2024
@jgordon and yet still, the GOP no longer supports the rule of law today.
Show threadSimplySarahJul 5, 2024

@davidaugust Do you think we've just had a bloodless coup via SCOTUS decisions?

Anything Congress does can be deemed unconstitutional by them. Same for Executive Orders.

The 2020 election let certain ppl test what happens if results are called into question. If election results are called into question again, there's already a promise of bloodshed. If Biden takes action SCOTUS has made themselves the lone arbiter on whether or not his actions are "official" or "criminal".

Show threadDavid August ❌👑Jul 5, 2024
@SimplySarah it does seem scotus has launched a coup by laws. They are out of bounds of permissible actions. They have taken power and powers that have been and should be the executive and legislative branches’ powers.
Show threadmivox is exhausted Jul 5, 2024
@SimplySarah @davidaugust It would be fun to try officially dissolving the court and starting over. If one moved quickly enough, the corrupt fucks wouldn’t have time to do anything about it. 😂
Show threadDavid August ❌👑Jul 5, 2024
@mivox @SimplySarah an intriguing idea. If 45 regains the now expanded powers of the presidency, I would expect the dissolution of the courts and/or Congress are very possible.
Show threadmivox is exhausted Jul 5, 2024
@davidaugust @SimplySarah Him removing anyone and anything that stands in his way seems very possible, yeah. 
Show threadEric McCorkleJul 5, 2024
@davidaugust even if they stop it, we need to propose it, re-propose it, demand it relentlessly.
Show threadDavid August ❌👑Jul 5, 2024
@emc2 yes. At some point one expects a dictator will dissolve a legislature that pursues making them not a dictator. Such dissolution in many cases around the world in history have included the killing of the members of the legislature. Sadly, the GOP is pursuing such a fruitless and destructive path.
Show threadRichard W. Woodley ELBOWS UP 🇨🇦🌹🚴‍♂️📷 🗺️Jul 5, 2024

@davidaugust
#WhodaThunkIt. The state that claims to be the ultimate democracy having to amend their constitution to ensure their head of government and state is not above the law of the land.

Most, possibly all, of the worlds constitutional monarchs are not above the law.

Show threadDavid August ❌👑Jul 5, 2024
@the5thColumnist yes, this is what people mean when they say democracy is being attacked in the US. Welcome to the conversation.
Show threadwsmJul 5, 2024

@davidaugust

Agree, but I want to read it first. The Obey-In-Advance Dems are writing it.

Show threadDavid August ❌👑Jul 5, 2024

@weldon no you don’t. If you did, you would since you know proposed laws & amendments are made widely publicly available before voted on.

Your hatred for democrats so outweighs your love of rule of law that even as rule of law is assaulted you cannot help but put in a dig at democrats. What a hollow & intellectually useless point of view.

I sincerely hope you’ll embrace the values of democracy & rule of law more than your hatred someday. Until then, good luck.

Muting you for the next week.

Show threadBrad RosenheimJul 5, 2024
@davidaugust This is good. This is how you fight an activist, bought, SCOTUS and how you keep a rogue party in check.
Show thread2xfoJul 5, 2024

@davidaugust

I'm disappointed that they didn't think the Constitution already spelled these things out clearly enough.
The Constitution is fine here, it's the willful misinterpretation that must be dealt with and this will only waste time on that front.

Impeach the justices that voted for immunity because they're clearly unfit to serve if they judged that so terribly. (Packing the court would also be acceptable but not as on point to this specific episode, imo.)

Show threadDavid August ❌👑Jul 5, 2024

@RnDanger the votes to impeach and remove justices, or add justices to the scotus are not currently available in the US Senate. Sadly, nor are they available in Congress to have an amendment pass.

We the people must provide what is needed: the people we vote to have be in Congress are what is needed to make things better and preserve the rule of law and the form of our government. That and the occupant of the White House which is also determined by voting.

Show thread2xfoJul 5, 2024
@davidaugust
I understand that Democrats want to signal an intent here, and I'm almost glad to see them try, but if it doesn't attempt to punish willful intransigence then i think they are sending the wrong signal. The justices that voted for immunity will not be swayed - they are literally using flags to ask God for strength in this "battle" they have decided on.
Show threadDavid August ❌👑Jul 5, 2024

@RnDanger this is not intended to sway any judges.

It is essentially a tantrum when we know from the start it will not succeed. However, perhaps we need a tantrum.

Show thread2xfoJul 5, 2024

@davidaugust
I guess i can understand this. I'm happy if they're trying to demonstrate what they would vote for if they could - at least it helps to show people why voting matters.

And what the hell, maybe they can force representatives to answer this question on the record.

Show threadDimplesJul 5, 2024
@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.
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.
Show threadMark IgraJul 5, 2024
@davidaugust @asociologist This needs to become a major focus of politics. Every American regardless of party knows the president should have to follow the law and we need to have every politician take a public stand. Republicans should answer whether they believe Biden should be immune from prosecution for any crimes he commits in his official capacity over the next six months.
Show threadAngua Jul 6, 2024
@davidaugust

Whack A Mole is not going to work.

Unlike the UK, you have a Written Constitution.
So old, so badly written it has Amendments, most of which seem beyond the understanding of your judges.

Seriously you need to revisit the whole damned thing and start by applying term limits to judges and impeach the fascist 5 Associates and Chief.

FFS you had a revolution to get rid of one king, now you are appointing another!