this post was submitted on 29 Jul 2024
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Neoliberal

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Biden calls for supreme court reforms including 18-year justice term limits (www.theguardian.com)
submitted 4 months ago by Coffee_Addict to c/neoliberal
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President also says presidential immunity for crimes should be removed and ethics rules for justices should be stricter

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[–] Coffee_Addict 6 points 4 months ago* (last edited 4 months ago)

Also, I think it needs to be understood what Biden is doing with this proposal. He’s been in government for half a century and has a deep understanding of how it all works. What he is doing here is laying down what the Democratic Party stands for and their vision for what the United States should look like. The republicans will block this and do everything to make sure it goes nowhere.

This is no ordinary piece of legislation that Biden is proposing. The only chance it will happen is if the democrats get the required majorities and that will only happen if people vote. The only way to amend the supreme court is via a Constitutional Amendment which requires more than just a 50%+ vote in Congress.

Specifically, the Constitution can only be amended in the two ways:

  1. Congressional Proposal: An amendment can be proposed by a 2/3 majority vote in both the House of Representatives and the Senate.
  2. Constitutional Convention: 2/3 of state legislatures can call for a national convention to propose amendments. I’m not sure if this method has ever even been attempted.

Once proposed, the amendment must be ratified by 3/4 (or 38 out of 50) of the state legislatures. Alternatively, Congress can require the amendment be ratified by conventions in 3/4 of states.

By now, I am sure people will have identified several pitfalls with these methods; the 2/3rds majority is going to be quite the problem to overcome, especially when (1) the republicans are hellbent on opposing democrats, (2) this amendment is a direct threat to the power republicans have spent decades cultivating, (3) Trump sees the Presidency as a shield from his crimes and this amendment is a direct threat to both his desired position of immunity and his ambitions as President. 

Congress hasn’t been 2/3rds any one party for generations, and there are simply too many deep-red, republican states to get a 2/3rds majority via the states.

The only way this amendment can be passed, and the Supreme Court reformed, is if the democrats gain the required majorities. The republicans have no desire to limit the power of the presidency or the supreme court because both (in their current state) are essential to cementing their power when their policies and positions are so unpopular.

Edit: grammar, formatting