Joe Biden worries that the “extreme” US supreme court, dominated by rightwing justices, cannot be relied upon to uphold the rule of law.
“I worry,” the president told ProPublica in interview published on Sunday. “Because I know that if the other team, the Maga Republicans, win, they don’t want to uphold the rule of law.”
“Maga” is shorthand for “Make America great again”, Donald Trump’s campaign slogan. Trump faces 91 criminal charges and assorted civil threats but nonetheless dominates Republican polling for the nomination to face Biden in a presidential rematch next year.
In four years in the White House, Trump nominated and saw installed three conservative justices, tilting the court 6-3 to the right. That court has delivered significant victories for conservatives, including the removal of the right to abortion and major rulings on gun control, affirmative action and other issues.
The new court term, which starts on Tuesday, could see further such rulings on matters including government environmental and financial regulation.
If only you were in a position to do something about it…
- It’s not clear that’s constitutionally possible and guess who gets to decide whether or not it is.
- Even if it were that’s not up to the President.
Civics education in this country is fucking pathetic.
The Democrats did that a month ago (and in Aug 2022 as well).
Notice that it only has a 1% chance of passing at this point (as it’s got to get through the committee first).
Not a power that belongs to any branch except through a constitutional amendment. The Constitution says life during good behavior.
Do you want a dictator? Or do you not understand that Biden can’t do that?
Pack the court it’s with in his power to add justices to the Supreme Court. Democrats have the majority in the Senate so it can be done.
Nobody wants to be the first to add justices, because that can become a game of one-upmanship where you’d could theoretically end up with a 91 person SCOTUS.
Where are you getting this idea the president can do this? When you see an article on this type of thing at least check the wikipedia page. I understand how the misunderstanding comes about due to the talk around the new deal in history classes but roosevelt only pushed for congress to act. This is something you see a lot with presidential tenures. They will push congress to act but they themselves can only do so much. It is only in recent times executive orders have been used extensively but this is still limited to what congress did not define and the constitution does not define in law.
There are a few options available. Pack the court, call for ethics inquiries, draw attention to the unconfirmed justices, or literally anything at all. Go on the attack. Be a leader. Demand justice. Biden is content to shrug and say “Ah, well, you see the GOP controls too much, so only if we have all the power can we make things better.”
He’s not governing, he’s campaigning.
Go on the attack. Be a leader. Demand justice.
Literally what the article is about.
He’s not, unless you want a different coup. It’s up to Congress and the Senate. Executive, Legislative, Judicial.
It’s checks and balances, not rock paper scissors
His power here is to set a direction and to nominate new appointees. He could write a bill to expand the bench and/or a constitutional amendment to require a code of ethics… Hell, he could even say “ok supreme Court, you say you can self-regulate… Publish your own code of conduct publicly or I’ll lead the charge in imposing one on you”
Presidents have a lot of soft power. He can write executive orders to demand the problem be evaluated, or he can use his platform to rally support… He can even go to Thomas privately and suggest he resign with dignity while he can, even try to bluff him off the bench
There’s a lot he could do - his hard power over the supreme Court is very limited, but soft power is how most everything works
He’s doing one of the only things he can do: using his soapbox to draw attention to the issue.
The only real fix to this would be for Democrats to hold a majority in the house, a fillibuster-proof majority in the Senate (or remove the filibuster with a simple majority), and the presidency.
The last time this was possible was a brief 7-month period from 2009-2010. Prior to that… 1978.
He could use his soapbox to promote remedies to the situation, instead of finally acknowledging that this is an unmitigated disaster.
Conservatives don’t wait for a supermajority to effect the change they want. You act like Democrats want to build consensus before doing anything, but Biden doesn’t even seem to have consensus on what he wants to do.
What would Biden do with an absolute majority? How would he fix things? That’s what he should be talking about, what he should be promoting.
Pointing out the problem puts it into play for public debate, and there isn’t anything Republicans can say about the issue that doesn’t make them look bad (because on this issue they are unquestionably the villains).
Getting into details about the solution, however, offers the Republicans a line of attack and a way to muddy the waters. (“They want to pack the court!”).
Nothing is gained by having Biden get into the nitty-gritty, but something is lost.
Prior to that… 1978.
The reasons he was Obama’s VP:
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He was “the Republican Senator whisper”
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He was supposed to be there to guide Obama
He was supposed to be the one that got that SC pick thru, but I don’t remember seeing a single article or interview where he tried.
That 5 years later people forgot and started claiming Joe was “the Senate whisper” again was just fucking ridiculous. The only thing worse was when Biden implied once the Dems had a white man as president, suddenly Republicans would be super cool again.
With hindsight, given the dirty tricks the GOP played in order to secure Trump two Supreme Court appointments; the Dem’s should have just gone full radical and take the Senates refusal to put the nomination up for a vote as a tacit ‘approval’ (seeing as they didn’t technically vote him down), and sit Garland on the court.
It’s the political equivalent of not negotiating with Terrorists, akin to the Paradox of Tolerance.
It’s like playing checkers with a kid who openly cheats…
If you keep following the rules, the kid will always win. If you can’t make them stop cheating, your only options are to stop playing or cheat back.
This isn’t a game of checkers tho. We can’t just stop, and if we keep following the rules then we’ll never win.
So literally the only thing we can do is play like they do.
Tell me what he could’ve done
At the absolute bare minimum Biden should have understood that the issue with Republicans wasn’t just a Black president…
And that “working with Republicans” wouldn’t work.
Yet that’s what Biden ran on in the primary, and surprise! Working with Republicans is just as impossible today.
It’s not that complicated, and I highly doubt no one has ever explained that if you ask a lot…
Are you just ignoring people when they try to explain that to you?
In all fairness, saying “working with Republicans won’t work” isn’t specifying what the Dems could have done to have their nominee seated, which is what the commenter asked for.
Are you just ignoring people when they try to explain that to you?
Well, you ignored the actual question. The question was what could Biden have done to get the Dem nomination to the Supreme Court through in the face of McConnell obstructing it.
A system that appoints supreme constitutional judges for life and without even halfway serious democratic checks and balances seems to me the perfect recipe for disaster and corruption. But hey, I’m from Europe, so what do I know… ¯_(ツ)_/¯
Hey. You can’t just use common sense when it comes to our Judicial System. That would be too logical. What next? You gonna ask that our Supreme Court Justices have Ethics Rules!?
What is this world coming to?
Yeah, the drafters of our constitution really fucked up in that regard.
I’d attempt to solve the problem by creating an independent judicial review board entirely separate from the US govt. similar to other “professional” professions. Let these judges go up for review every 5 years and if they are found to be in breach of conduct, remove them from the bench.
Also, rework how they get to the bench in the first place. Of course the SC is going to be politically motivated. They only get their seats because one of the two big parties literally puts them there. Impartiality is really hard to claim when you owe your entire existence as a SC judge to a giant money machine.
Lifetime appointments mean they don’t owe anyone shit. They have nothing to gain by being loyal to the party that appointed them. There are better ways to accomplish the same thing, but it’s at least one facet of how the court works that seems to do what it’s supposed to.
The whole point of a lifetime appointment is that they can abandon all political concerns once they’re in the SCOTUS - so they don’t have to be political. And I’ve seen that happen - while they obviously stay conservative or progressive, they tend to drift away from an alignment with the parties - with exceptions, obviously.
But, as with all other branches of the US government, it’s becoming clear that we’ve exited the era of being able to trust our leadership to support the Constitution and represent the people.
(For me, it wasn’t even Trump that snapped me out of that mindset. It was when they were talking about outlawing congressional insider trading. One of the Republicans said, out loud and in public, that the notion of prohibiting congressional sick trading was off the table, because it was a core part of the job. He said something like, “half of us wouldn’t be here” - as though that was a bad thing.)
You should get the same behavior with a single term appointment with no possibility of a second term. There would also have to be limits to what they can do AFTER the appointment too, so they don’t use their single term power to set themselves up when they are done. I guess it would have to be a single term appointment with an extended ban on future employment or investments.
It’s really a shame that so many seem to be clinging to a constitution that is close to 250 years old. You would think that some things would need to be updated over that period of time, but as I said, I’m from Europe…
I find it interesting that there are so many Europeans that have such strong opinions on the US, yet they don’t keep themselves informed on the same.
The US Constitution has been updated many, many times since it was written.
Our constitution has been updated. Our current constitution is from the 90s. It’s just we update it in pain in the ass bits and pieces
I don’t necessarily think the founders fucked up. It’s important that the court be free from political influence when deciding cases so I think they had the right idea. I’m not necessarily opposed to lifetime appointments. Where I think there’s a lot of room for improvement is the nomination and confirmation process. It’s entirely political, contentious, and has produced a few lousy justices in recent years.
This idea of one party only appointing conservatives and the other only appointing liberals and both sides hating the other’s appointments is what’s fucked up. What could be interesting is a bipartisan Congressional nominating committee that produces candidates that are at least palatable to both sides. Let’s say there’s a 2/3 majority requirement for the committee to nominate someone. They could produce a list of several candidates and the president nominates one of them. Basically take this process away from partisan NGOs and give it to a bipartisan group of elected representatives.
Yeah, the drafters of our constitution really fucked up in that regard.
The thing is, the drafters of the constitution didnt mean for the supreme Court to be as powerful as it is today. There is nothing in the constitution that even grants them the power of judicial review. They just interpreted that they inherently had that power, and we’ve gone along with it for the last hundred years.
According to the drafters, separating the judicial branch from the executive was a way to inhibit veto power and to prevent the executive from reshaping laws that have been passed by Congress. There only other function was to handle cases between two states, and to oversee an impeachment trial in the Senate.
It wasn’t entirely about the rights to review, but also about their impotence to do more than just talk. The balance of powers isn’t just that Congress can impeach, but also that they can write laws that address the Court’s arguments directly and the executive can just tell them “no”. But we’ve let them just be the final arbiter of law with no response from either other body, so they’re now just unelected super-legislators.
When the court is embroiled in corruption scandals and abandoning precedent to strip rights from citizens, the other executive institutions in the country shouldn’t just be acquiescing to their demands. Instead we get “you may be unethical and corrupt, and firing off society shaking reinterpretations to settled law, but thems the breaks”.
Tiptoeing into calling their adherence to the rule of law into question is moving in the right direction, but very slowly. Maybe that’s the right way to do it, but I don’t really trust that it’s not just a misplaced belief in the system to work itself out so moderates don’t have to actually do anything that might be scary.
They probably never expected anyone in government to be so openly corrupt and incorrigible. At the time they wrote the declaration they probably viewed democracy like the roman Republic did and thought the people would categorically reject anyone willfully stealing their rights and freedoms for their own political or personal gain. Of course they couldn’t foresee a political party so openly hypocritical that they would literally lie on mass to a public brainwashed by unchecked “news” publications that only regurgitate what they want to hear. Democracy is f*cked, blame the murdochs.
Yes but you fail to consider that some guys wrote on a paper like 250 years ago and we’ve decided that everything needs to be viewed through the lens of either “does this agree with an incredibly pedantic and stilted reading of this document” or “what would those historical dudes think about this” - whichever happens to be more politically expedient for you at the moment, but the second one tends to give you more flexibility.
I also love the stars and bars I’ve seen on Canadian trucks or in their front yard.
Makes perfect sense. Canada has a rich tradition of being a southern state during the civil war.
Yeah, because making gun ownership harder/illegal is going to stop the fucking American Taliban from continuing terror attacks…
They’d barely even notice and half the cops would be with them.
Yup, I see. A bit like with the Bible and other holy books then. Even here in Europe, there are many who see the wording of those as the ultimate truth. No need to adjust anything, they say. It’s all good. It’s god’s will or whatever - if it helps their agenda, that is. Jesus, that must be frustrating.
That’s kind of what it’s devolved into, tbh. The confluence of Christian fundamentalism and politics is a scary fucking thing, because when you’re “doing god’s work”, you can justify literally anything to yourself and your fellow “good Christians”.
Europe at least has had the benefit of being able to work country-by-country, whereas the US is one massive tangled morass. Hell, even achieving the kind of restructuring and harmonious cooperation that you see in the EU had to come as a result of two of the most atrocious wars humanity has ever mustered in the span of less than half a century.
Kinda puts it a little more into perspective when you consider the absolute shit-show Europe had to turn into before it was ready to grow up.
They also tend to ignore pretty much all the stuff Jesus actually taught.
Not anymore. They are just making shit up now. The check is congress impeaching them. That will not happen if enough people demand it.
It’ll never happen as long as republicans control either half of congress. People have been sounding the alarm on their power grabs for decades and only now are some people starting to listen.
I expect the American experiment to fail in my lifetime.
I’m not sure that I see the American Collapse happening in my lifetime as a certainty, but I would agree that it’s a very strong possibility if we don’t get our shit together pretty fucking quick.
One of the more interesting things I saw (on this topic) was a historian stating that George Washington (and his contemporaries) would have been able to relate the world of Julius Cesar more than they would our modern world.
I think about that A LOT whenever I hear some idiot spout nonsense about the “vision and ideals” of the founding fathers
I disagree. That was BC. It’d be like saying people born in the 1930s relate more to colonial times than today. There are some of them who are still alive. While a percentage want nothing to do with modern ways, I think the type to be involved in forming a nation would be lifelong learners akin to the old folks who have little trouble with today’s modernities.
everything needs to be viewed through the lens of either “does this agree with an incredibly pedantic and stilted reading of this document” or “what would those historical dudes think about this”
To be fair, they did expect us to modify the constitution from generation to generation.
Ultimately the failure is ours.
It’s amazing to me the way we’ve elevated the constitution to near biblical proportions. And just like the Bible where every church and pastor interprets it in their own way, so too do our 9 oracles in black robes interpret the will of our village elders from ages past.
For better or worse, it’s next to impossible to successfully modify the Constitution without significant support. It has to be ratified by about 38 States (3/4 of the State legislatures or 3/4 of the conventions called in each State). That’s after either 2/3 of both Houses of Congress propose an amendment or 2/3 of the State legislatures request one via a convention.
In a way, it’s a good thing since it keeps the Constitution from being able to be changed on a whim, and it mostly keeps it from being affected by the political tug-of-war that happens every few years in the US.
It’s also a bad thing, though, as it makes it very difficult to adapt to certain situations that wouldn’t have happened 200+ years ago.
“It’s also a bad thing”
You realise you can change laws? Congress does it regularly. The Constitution primarily restricts the type of laws that can be passed. Congress has huge leeway otherwise.
It’s also a bad thing, though, as it makes it very difficult to adapt to certain situations that wouldn’t have happened 200+ years ago.
I would argue though that if it’s something that truly needs to be changed by the majority that it would get done.
The problem is the way our politics are today (those in office care more about gaining money to stay in office than their constituency, etc.), and the population being split almost down the middle and adhearing to that mindset (‘my team is always right’) over the common good, makes getting that type of majority almost impossible.
But again, that’s still on us, not our forefathers.
Article V of the the Constitution.
https://constitution.congress.gov/browse/essay/artV-1/ALDE_00000507/#
Amending the Constitution was intended to be much more usable, but over half the country doesn’t vote.
I can see how 9 out of 13 colonies (or equivalent votes in congress) might be more plausible than 34/50 states or 357/535 congresspeople (house + senate) considering the state of politics today.
The framers counted on congresspersons being good faith actors that loved America, and on a populace that wasn’t apathetic or incompetent on important matters of state.
on the Application of the Legislatures of two thirds of the several States, shall call a Convention
Always wondered what the legal definition of “several” was, as it applies to that clause.
Cool. Impeachments when? Oh wait never, cause talk is cheap
What part of the government has the power of impeachment and which party is in control of it?
Do you really believe that if Dems win a majority in the House they’ll start impeachment proceedings? This isn’t a problem that started this year. His damn wife was involved in an attack on Congress.
In these comments: a shit ton of people who have zero idea how their own country works. Y’all are an embarrassment to yourselves and your countrymen.
