- cross-posted to:
- news@lemmy.world
- cross-posted to:
- news@lemmy.world
US president also to seek constitutional amendment to limit immunity for presidents and various officeholders
Joe Biden will announce plans to reform the US supreme court on Monday, Politico reported, citing two people familiar with the matter, adding that the US president was likely to back term limits for justices and an enforceable code of ethics.
Biden said earlier this week during an Oval Office address that he would call for reform of the court.
He is also expected to seek a constitutional amendment to limit immunity for presidents and some other officeholders, Politico reported, in the aftermath of a July supreme court ruling that presidents have broad immunity from prosecution.
Biden will make the announcement in Texas on Monday and the specific proposals could change, the report added.
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Need a new amendment enforcing federal retirement age on elected and appointed people. If you hit it during your term, you can’t run again. If you position is appointed, you have a year to step down.
Also need a federal law correcting the recent bribery ruling, and applying it to ALL federal employees, political and non-political. Call it the Thomas Act.
Wouldn’t that be funny? Biden, in his last months in office, sets term limits on Congress that would have also booted him! That would be the most epic walking away while something explodes behind you kind of moment.
It would be great but the President has no such power. Congress, a group of geriatric kleptocrats, aren’t going to legislate against themselves continuing to steal millions with insider trading.
Congress, a group of geriatric kleptocrats
Well, they aren’t as geriatric and kleptocratic as United Russia.
Age discrimination. Term limits or length of service would be more fair.
Ok. Remove minimal age.
I can agree with that.
Age discrimination is codified. Minimum president age is 35, senator is 30, and congressperson is 25. No reason for it but age discrimination. If we can’t put a ceiling they need to remove the floor.
Sure but you need an amendment. It will be very hard to do.
It’s my understanding that term limits actually end up making for a worse government, because then you end to with a higher fraction of people who are new at their job. Like any other high-skill job, it can take a year or more before you start to get good at what you’re supposed to be doing. Too many freshman means there’s less continuity and stability in the government.
But this is all just a vague understanding, I haven’t read up on it intentionally.
Well without them you end up with highly skilled populous fascists instead of mediocre ones. So what we have too much of already. I’d rather have new ideas with an underskilled attempt to accomplish them than the status quo expertly shifting the overton window to the right. Some instability can be good when the alternative is a set of dynasties focused on their own benefit at the express detriment of others.
Seems to me he’s using his last months in office to highlight issues that will damage the republican traitor filth as his VP campaigns to save the Republic.
Meanwhile Trump’s VP is busy convincing people that it’s ok for him to fuck couches or jack off to dolphin porn because he has a kid
Edit: clarifying
But… it’s got dat cushion for a pushin’
Bro took the dolphin copypasta literally
I think I know what you meant to say, but I’m pretty sure the downvotes are due to how confusingly and ambiguously you worded your comment
You might need to reread the comment you replied to.
Presidential immunity is already unconstitutional. This Court would just ignore the new amendment like they do the current constitution.
I have near-zero hope this happens, but I hope it does. At least someone is worried about presidents with immunity- even leftist commentators seem to be just shrugging it off.
But one of the first things Congress did in 1789, the year the new government got going, was to set up a federal judiciary, including the Supreme Court—with six Justices. source
So get rid of 3 of them. Thomas. Alito. Roberts.
Joe Biden will announce plans to reform the US supreme court on Monday… the US president was likely to back term limits for justices and an enforceable code of ethics.
The lack of term limits exists to allow judges to be impartial. The President should explain the ideology of how the checks and balances of government will be effected.
US supreme court grabbing ‘ultimate power’, Biden reform adviser says
Hypocrisy. For centuries power has been concentrated into the executive branch. A member of SCOTUS called for ethics enforcement. The executive responds by proposing to further concentrate power.
He is also expected to seek a constitutional amendment to limit immunity for presidents and some other officeholders, Politico reported, in the aftermath of a July supreme court ruling that presidents have broad immunity from prosecution.
The executive wishes to constitutionally codify that future Presidents cannot present and cover up as poorly as Trump. Once Biden flubbed his lines the situation was at risk of a repeat. If the masses believe it’s fucked then it’s very bad for corporate profits. Profit maximization now requires a means to remove a President.
The lack of term limits exists to allow judges to be impartial
Well THAT clearly doesn’t work!
A member of SCOTUS called for ethics enforcement
Nonsense. They unanimously approved NON-BINDING rules for themselves. That’s the OPPOSITE of enforcement.
Did Harlan Crow put you up to this bullshit?
Largely agree with you but I think the user is referring to Justice Kagan’s comments the other day about enforcing the code of ethics: https://www.cnn.com/2024/07/25/politics/kagan-supreme-court-ethics-sacramento-conference/index.html
Doesn’t really change much though.
Obviously term limits don’t ensure impartiality. Fixed limits introduce an element of damage control.
Obviously term limits don’t ensure impartiality.
I agree. Note that my argument was that the lack of limits allows the possibility of impartial judgement.
Fixed limits introduce an element of damage control.
What’s the opportunity cost?
I dunno, but 8 year limits means that every president will have an opportunity for a do over instead of entrenching a bias for decades.
That might not be the greatest thing either. The court acting on the opportunity for a do-over gave us the overturning of Roe.
I hear you, but that was a planned ambush. They did the thing that they said they wouldn’t do in the confirmation hearings. That has nothing to do with term limits. In fact, term limits would make that easier to undo.
The concentration of power in the executive branch has only occurred in the last 40 years or so with the push for “unified executive theory”. It has accelerated with this supreme Court in just the last couple of years. The court has shown themselves ready to ignore their own precedents, pick and choose historical arguments to buttress outcomes, and substitute their own judgement for Congress’s. There is no check on this madness except for court reform.
Every time the federal passes a law they’re empowered at the expense of the states. The executive has been influencing and leading legislative efforts since Washington empowered Hamilton.
But, I think I understand where you’re coming from. The federal executive has, since the beginning, also been also accumulating power primarily at the expense of the federal legislative. And, just like most everything else that sucks today, it was the Reagan administration that kicked it up a notch.
No reform of courts will suffice because the rest of the system is also broken.
The lack of term limits exists to allow judges to be impartial. The President should explain the ideology of how the checks and balances of government will be effected.
How about all having ethics be enforceable, and just keep them on the salary?
That’s exactly what the SCOTUS justice recently requested. But, that’s not at all what’s been proposed by the President.
He literally said enforceable code of ethics. It sounds like that is exactly what he is proposing.
And we haven’t even seen the actual plan yet lol
ELI5, How does no term limits allow for impartiality?
It doesn’t. Sometimes adults lie to you because they have an agenda.
Being capped at serving for x (ie: 8) years though would help prevent the situation we’re in now as well as the need to worry about performance reviews by the electorate or congress.
ELI5, How does no term limits allow for impartiality?
ELI5 is for someone else to provide. I’ll instead give you the answer an adult deserves.
There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. - MLK Jr.
Compare a SCOTUS justice to any legislator or the President: The legislators and President must act as their corporate donors wish or they’ll not be re-elected. But, the fundamental ideology of the US (and prerequisite to a world I wish to live in) mandates that the minority be protected from the majority and the majority from the mediocre outcomes of democracy.
This role is never safe, politic, or popular. The lack of term limits allows SCOTUS justices to judge without these concerns. We hope they act for the People. But, we also risk of them acting as they do now.
The system is broken. But, the proposed changes make it arguably much worse as they limit the ability for the system to self-recover in the future. They appear at best to be kicking the can to future generations (typical boomer shit).
So you agree that the current set up of the supreme court is flawed because they are making decisions overturning decades of precedence and putting human rights on the chopping block. What would you rather see done? Because as it stands, it’ll likely take at least a decade if not 3 decades to recover from the current conservative bent of the court. A time when rights will continue to be overturned. Should we not try to fix things now by imposing term limits so the justices aren’t able to die on the bench or be appointed for 40 years? Should we accept that people’s rights are gonna be thrown out because of a 40 years long mission by the Christian right to bring the country back to the 50s?
Not trying to be an asshole. I’d really like to know what you’d rather do.
Not trying to be an asshole.
You’re not presenting as one, at all.
I’d really like to know what you’d rather do.
Ethics code development and enforcement for sitting justices, just as the sitting justice requested.
So, your solution is just ethics enforcement? How would that help with current justices choosing to read the constitution in a way that removes rights? Ethics is definitely important, but it won’t change constitutional originalism from impacting us for decades. What’s your opinion on just expanding the court?
So, your solution is just ethics enforcement?
No. A sitting justice proposed the solution. It’s not mine.
How would that help with current justices choosing to read the constitution in a way that removes rights?
With wthics enforcement Thomas, for example, would be removed in short order.
What’s your opinion on just expanding the court?
If Democrats expand the court then Republicans will escalate the next time they win the Presidency. In order to overcome the immediate issues responsibly, Democrats would need to expand the court and prevent any future retaliatory expansion.
I’ll not answer if I believe they should or should not. I present facts and reasoning to enhance wisdom of others’ choices. But, there’s no “right” or “good” answer here. My conclusion doesn’t matter. It’d only hinder others in choosing for themselves.
Okay I think I understand more about what you’re arguing for. Ethics with actual consequences, meaning removal. That makes worlds more sense.
One thing I disagree with is that your conclusion doesn’t matter. Reading others reasoning and their conclusion is important for people who haven’t made a decision, then making their decisions. I’ve made my decision personally, and even though I disagree with you on parts, I think it’s important to be able to not just discuss facts but ones own conclusion drawn from those facts. Not saying you’re not capable of discussing more than facts, just that I think you should be more willing to discuss your own conclusions as well. Connecting the dots of facts and reasoning is only half of the battle, people can look at those and not think about what the conclusion could be. Or draw conclusions that are completely contradictory of what reasoning was provided. Theory isn’t just facts but also conclusions. And discussion in a public forum like this can be important for those willing to learn.
This does not explain how limiting a supreme court justice to serving for 20 years instead of for life would result in them losing impartiality.
You’d have to ask the question about a 20 year term to receive my perspective.
That’s generally what’s been the proposal when talking about scotus term limits. So when you answered the question of “how does scotus term limits affect impartiality?” it really ought to cover that.
I appreciate that you hold me to a higher standard than the status quo.
If we were to do this then 20 years and limitation to a single term seems prudent on the surface. But, I’ve yet to consider the effects upon the rest of governance in adequate nuance or for a responsible scope of time.
So, push me along.
Do you think it’s a good idea to impose a limit of 20 years?
Does it function as you wish if there could be a second term?
Hi SirDerpy. I think that the downvotes you are getting reflect disagreement with your opinions and it’s one thing I wish hadn’t translated from Reddit to this type of community. Too bad there aren’t “up/down votes for contribution” along side a set of others for agree/disagree. I perceive that your comments are thoughtful from your point of view, and I feel they contribute to the conversation. As such I am upvoting them.
Seems I want to share. I’ve been at this, off and on, for a long time.
I say the basically the same things over time. As we as a society slowly progress in our collective understanding the reaction to those things suddenly changes. For example, they hated what I had to say about Biden stepping down until he did and everyone could see the results. The reaction to identical comments was reversed overnight.
I’m not here to be safe, politic, or popular. I don’t want everyone to agree with me. I only want them to learn their systems, to reason their perspectives, and to communicate them with adequate nuance to be easily respected.
I appreciate you. I assume there’s ten like you for every one that speaks up. Sincerely, thank you for speaking up and for reading this comment. It feels good to be understood.
SCROTUS justices, legislators and President must act as their corporate donors wishes
FTFY
Ok next question, because I think I interpreted the term differently than you did.
There are two types of term limits right? Quantity of terms, and length of terms.
Status quo: Q - one term, L - for life.
Wouldn’t limiting the length but not the quantity maintain the incentive for impartiality? So there is no concept of a second term?
I’m not trolling btw, I’m looking for an honest airing of the Q.
I’m not trolling btw, I’m looking for an honest airing of the Q.
You’re not coming across that way. edit: meaning I’m perceiving good faith
Wouldn’t limiting the length but not the quantity maintain the incentive for impartiality? So there is no concept of a second term?
I’m not understanding how implementing a length limit but not a quantity limit would positively effect impartiality. That’s what currently exists for the entirety of legislature. They’re far from free to make their own choices.
But, what if we had both a length limit and a term limit of one term? That seems a decent idea on the surface. But, I want to think about it for awhile before saying anything meaningful
For an Internet discussion, I really appreciate your open and honest exchange. Good day fellow Internet person.
I read the academic paper I found. And, I’ve had a first conversation about this with another IRL.
I still think length term limits on Justices is like many other good ideas: There’s no practical way to implement. All would result in severe collateral damage due to the nature and complexity of the systemic context. But, my reasoning is much more nuanced.
Thank you. I appreciate that you pushed me along.
Myself as well. You and another have me questioning how it could be done well instead of only attacking the systemic corruption.
I dug up what appears to be a decent academic paper on the subject. I know I’ve no time to read it for at least three weeks. In about a month I may try to grab your attention again.
Thank you for engaging in good faith despite the bandwagon downvotes.
The theory behind it is judges appointed for life don’t have to play politics to keep their jobs; that they should be “above” campaigning and such.
