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BumRushDaShow

(139,781 posts)
Thu Jul 25, 2024, 06:44 PM Jul 25

NY Democrat introduces constitutional amendment reversing Supreme Court immunity ruling

Source: The Hill

07/25/24 10:05 AM ET


Rep. Joseph Morelle (D-N.Y.) introduced a constitutional amendment Wednesday seeking to undo the Supreme Court’s decision that former presidents enjoy a presumption of criminal immunity for official acts. “Earlier this month the Supreme Court of the United States undermined not just the foundation of our constitutional government, but the foundation of our democracy,” Morelle said.

“At its core, our nation relies on the principle that no American stands above another in the eyes of the law. “ Morelle’s proposed amendment would make clear that “no official may invoke immunity for criminal actions solely on the basis of the duties of their office,” the lawmaker’s office told The Hill.

The Supreme Court handed down the 6-3 decision earlier this month, ruling along ideological lines that presidents have absolute immunity for actions that fall within the core responsibilities of their office, and are “at least presumptively immune” for all other official acts. The decision was a win for former President Trump, who filed the suit regarding his federal election subversion case in Washington, D.C.

The decision first sent the case back to a lower court to decide whether his actions related to the Jan. 6, 2021, riot on the Capitol merit protection from criminal prosecution for choices made while still in the White House. When the nation’s high court hands down a ruling on a constitutional issue, the judgment is virtually final, and decisions can only be altered with a constitutional amendment and a new ruling.

Read more: https://thehill.com/homenews/house/4792211-new-york-joe-morelle-donald-trump-immunity-ruling-adversal/

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NY Democrat introduces constitutional amendment reversing Supreme Court immunity ruling (Original Post) BumRushDaShow Jul 25 OP
Let's keep it up. Sure, not a chance in hell but it's a record, a record of what OUR Project '25 looks like! n/t Cheezoholic Jul 25 #1
Some battles should be fought markodochartaigh Jul 25 #9
...and should NEVER be given up on. calimary Jul 25 #13
"...NEVER be given up on." markodochartaigh Jul 25 #14
The Subversive Court was absolutely wrong. Hermit-The-Prog Jul 25 #2
"According to law." That's what the "official acts," just made up whole cloth from "doctrine" factories who ancianita Jul 25 #7
They aspire to royalty; they set themselves up to determine what is official and not Hermit-The-Prog Jul 25 #10
All that for sure. ancianita Jul 25 #12
Sorry. Didn't mean to preach. I get mad every time I think about them. Hermit-The-Prog Jul 26 #17
No worries! I feel ya! ancianita Jul 26 #21
kick! pat_k Jul 25 #3
K&R That ruling MUST be reversed. Think. Again. Jul 25 #4
Hopefully republianmushroom Jul 25 #5
Get the ball rolling Bundbuster Jul 25 #6
wonder if republicans will be lining up for this barbtries Jul 25 #8
With the current Supremes it makes no difference. Scruffy1 Jul 25 #11
Biden could jump-start this by undertaking a few "official acts" Orrex Jul 25 #15
You know the problem with that jmowreader Jul 26 #19
Pass a resolution saying Congress does not recognize the SC's right to extralegally amend the constitution V850i Jul 26 #16
Dead on arrival The Grand Illuminist Jul 26 #18
"introducing amendments in its traditional method will not work" BumRushDaShow Jul 26 #20
I don't think we can afford to wait 200 and change years. The Grand Illuminist Jul 26 #22
The point of the suggestion BumRushDaShow Jul 26 #23
The problem is getting 2/3s of both House and Senate to bring it to the states. The Grand Illuminist Jul 26 #25
I would think... appmanga Jul 26 #27
If that is the case. So when Harris wins the presidency... The Grand Illuminist Jul 27 #28
The drafters purposely made it hard in order to limit frivolous changes BumRushDaShow Jul 27 #29
Then there is this. The Grand Illuminist Jul 27 #30
But then remember BumRushDaShow Jul 27 #31
K&R Yo_Mama_Been_Loggin Jul 26 #24
DOA - You can't get 2/3 of any group to agree on anything anymore. Ratify an amendment? LOL Runningdawg Jul 26 #26

Cheezoholic

(2,547 posts)
1. Let's keep it up. Sure, not a chance in hell but it's a record, a record of what OUR Project '25 looks like! n/t
Thu Jul 25, 2024, 06:51 PM
Jul 25

markodochartaigh

(1,838 posts)
9. Some battles should be fought
Thu Jul 25, 2024, 09:20 PM
Jul 25

because they can be won. Some battles should be fought because the other side is so odious.

calimary

(83,770 posts)
13. ...and should NEVER be given up on.
Thu Jul 25, 2024, 09:43 PM
Jul 25

Some battles just simply NEED to be fought. And won. Like this, here, now.

markodochartaigh

(1,838 posts)
14. "...NEVER be given up on."
Thu Jul 25, 2024, 10:24 PM
Jul 25

This is so true. I hear some people say "This is not the US that I grew up in" like maga is something new and unprecedented.

Well, I grew up gay a half century ago in Amarillo Texas. Maga is absolutely the US I grew up in. And before that, there were the kkk and the know-nothings. The fight against authoritarianism is a never-ending fight. It is not something that can be swept under the rug, or ignored in the hope that it will go away.

Hermit-The-Prog

(36,239 posts)
2. The Subversive Court was absolutely wrong.
Thu Jul 25, 2024, 06:54 PM
Jul 25

I still can't find anything in the U.S. Constitution which grants such immunity.

It does explicity state otherwise:
Article I, Section 3, paragraph 7

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

ancianita

(37,964 posts)
7. "According to law." That's what the "official acts," just made up whole cloth from "doctrine" factories who
Thu Jul 25, 2024, 09:02 PM
Jul 25

gave them the lingo dressed up with the "Amicus curiae" name. Anything that civil and criminal law explicitly states gets a president "immunized" by "official acts." That lingo is at the evil heart of their corrupt ruling.

Hermit-The-Prog

(36,239 posts)
10. They aspire to royalty; they set themselves up to determine what is official and not
Thu Jul 25, 2024, 09:21 PM
Jul 25

They also overrule the scientists consulted by the Executive branch in deciding who has broken rules and regulations.

This is a rogue, subversive Supremacist Court. It subverts the rule of law and democracy itself.

Bundbuster

(4,018 posts)
6. Get the ball rolling
Thu Jul 25, 2024, 08:39 PM
Jul 25

The republicons have been subverting the White Supremacist Court since Uncle Thomas' horseshit lie-filled steamrolled installation in 1990.

Scruffy1

(3,409 posts)
11. With the current Supremes it makes no difference.
Thu Jul 25, 2024, 09:26 PM
Jul 25

Their "interpretation" will be based the same. I can here them now. "It's not a crime if a Republican President does it.

Orrex

(63,828 posts)
15. Biden could jump-start this by undertaking a few "official acts"
Thu Jul 25, 2024, 11:30 PM
Jul 25

That would get Republikkkans on board in a hurry.

jmowreader

(51,267 posts)
19. You know the problem with that
Fri Jul 26, 2024, 08:18 AM
Jul 26

"I'm going to order the court in New York State to put Trump in prison for the rest of his miserable life."

"Good luck finding him. Ever since the shooting they've been sending out.a hologram to campaign for him. No one knows where he is."

V850i

(63 posts)
16. Pass a resolution saying Congress does not recognize the SC's right to extralegally amend the constitution
Fri Jul 26, 2024, 01:16 AM
Jul 26

There was no constitutional question nor any law passed by congress in question with respect to their ruling. Nothing in the constitution about any presidential immunity, no laws passed by congress about presidential immunity. They made it up out of whole cloth essentially amending or inserting an immunity clause into the constitution. Congress should just pass a resolution saying we don't recognize the Supreme Court''s ability to usurp Congress and the States power to amend the constitution.

The Grand Illuminist

(1,609 posts)
18. Dead on arrival
Fri Jul 26, 2024, 08:00 AM
Jul 26

Again, introducing amendments in its traditional method will not work, and will never work for many many generations. Even if it is meant as symbolic, symbolism does not bring TRUE action for real change. The only way is to elect pro Article V convention Democrats to their respective states houses. Even if it is a runaway, it is still real action taken.

BumRushDaShow

(139,781 posts)
20. "introducing amendments in its traditional method will not work"
Fri Jul 26, 2024, 08:29 AM
Jul 26

Read the history of the 27th Amendment and try again.

BumRushDaShow

(139,781 posts)
23. The point of the suggestion
Fri Jul 26, 2024, 06:03 PM
Jul 26

was to note that the 27th Amendment attempt STARTED IN CONGRESS and needed the ratification of the states to finish.

The same with the ERA still trying to get states to finish ratifying (including with some trying to rescind the previous ratifications).

The Grand Illuminist

(1,609 posts)
25. The problem is getting 2/3s of both House and Senate to bring it to the states.
Fri Jul 26, 2024, 09:56 PM
Jul 26

That is why I think it is dead on arrival. If I misunderstood you, please forgive me. It's just how I see it.

The Grand Illuminist

(1,609 posts)
28. If that is the case. So when Harris wins the presidency...
Sat Jul 27, 2024, 06:13 AM
Jul 27

Last edited Sat Jul 27, 2024, 09:49 AM - Edit history (1)

I hope she uses it to its fullest extent from Trump all the way down to his last voter.

BumRushDaShow

(139,781 posts)
29. The drafters purposely made it hard in order to limit frivolous changes
Sat Jul 27, 2024, 07:34 AM
Jul 27

and regardless of how it is started, it still requires 3/4 of states to ratify.

But initiating it in Congress at least doesn't require the states to "organically" think about starting up a pile of conventions and puts the idea out there as a heads-up about apparent interest in making a change. This then gives the states an opportunity to consider taking the lead using the alternative method instead (particularly if they agree with the Amendment language that Congress might come up with and adopts that for their conventions).

The Grand Illuminist

(1,609 posts)
30. Then there is this.
Sat Jul 27, 2024, 09:47 AM
Jul 27

It take 2/3s or 34 states to activate a convention. Right now 19 states have officially signed on with 29 others currently in consideration with some made it passed one chamber. The red states are only there to pass the Balanced Budget amendment. At this stage of the game, we have a better chance at getting a convention than introducing amendments through federal legislative means (I call it the more traditional way) as both houses are split and unable to come to consensus.

BumRushDaShow

(139,781 posts)
31. But then remember
Sat Jul 27, 2024, 10:16 AM
Jul 27

that right now, you have this worse reality -



And for Governors -



So doing it the "state way" bumps right into the the fact that the GOP controls far more state legislatures (both chambers) than Democrats.

(ETA - and THAT was why one of the 45 2020 coup plans was to "throw the decision for the electoral college 'back to the states'" because they had legislative control over a majority of them at the time, including some like PA, GA, AZ, MI, and WI that voted for Biden)

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