Not that anyone particularly cares about original meaning, but think folks should still say it out loud: For all of the things that are unclear in the founding documents and unknowabilities of what the Founders intended, "the President can kill anyone or commit a coup" was *never* legally arguable
Yea, a lotta problems with the Constitution that’d be nice to fix, but this isn’t one of them. This is a problem with the court, and can only be fixed by fixing the court.
There could have been an article that read “The President is subject to all the laws passed by Congress, even for his Official Acts, regardless of what future people named Roberts might think”, and this court would’ve reached the same conclusion
In fact, this case has me down on Constitutional Amendments as a manner of constraining this court.
They won’t be constrained. They must be neutralized
Someone already pointed out today that SCOTUS will probably declare there's no enforcement provision for preventing a President from being elected to a third term.
Yeah, we've hit the "rip the fucking thing out and start over" stage and I genuinely think we got shoved in that direction today.
Unfortunately, that usually entails a lot of guns and bloodshed.
There’s still an election.
If Trump wins the election, then you’re probably right. If Biden wins, it’s not too late to put the genie back in the bottle
This radical SCOTUS will almost certainly be helping a GOP Congress throw out a Biden victory. I hadn't assumed that would be the case until today. Now that has to be the operating parameter.
If Biden wins, odds are excellent we hit Jan 20 with no final decision and then states take sides.
They already did basically that with the Trump 14th Amendment case. They didn’t say “well what he did doesn’t qualify as insurrection”, they straight up nullified the plain text.
I mean, we gotta win the election, or debating how to fix it is moot. If we lose the election, Trump will be completely off the chain, and “fixing” it may be more of a… generations long problem.
Yes we have to win the election.
That being said:
This has gone beyond the power of an election to fix and it's dead certain that a GOP Congress will refuse to ratify a Biden victory. We must now assume the SCOTUS will be participating in a state delegation poll gambit to throw out the election.
I think we drift into civil war territory or dissolution of the Republic at that point. I see no way around this with the current radical SCOTUS. I've noticed some similar observations elsewhere that we are heading into a very dark moment.
No, I mean, if Biden wins the election, I don't think it would be a GOP Congress certifying the election.
It would be a Democratic Congress, because I don't think there's a path where Biden wins 270 electoral votes, but the GOP wins control of the House
