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Why federal courts are unlikely to save democracy from Trump’s and Musk’s attacks
(theconversation.com)
this post was submitted on 14 Feb 2025
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politics
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The US has had many warnings over the past century of issues with its system of government. Each time they've ignored that and failed to fix the underlying issues. For example, Nixon and Agnew was a warning that the system was ill-equipped to deal with a corrupt president and corrupt vice-president. The opportunity was there at the time to strengthen the system and prevent precisely what Trump has done over the past 8+ years, but nobody did anything about it.
The founding fathers may be responsible for not envisioning how a gentleman's agreement would be abused, but the greater responsibility lies with those who came afterwards, saw how the system could fail, and did nothing.
We actually did the literal opposite of fix, and actually exacerbated the issue with the writing of the DOJ "memo" that everyone treats as law that states "a sitting president cannot be indicted." So everything that followed had to rely on a completely broken Congress.
That's not strictly true. The right wing noticed and has been working tirelessly to exploit it ever since.
Our constitution does have the method to be fixed, 27 times we've fixed it. They're called amendments. Honestly I would hazard to say that no political document anywhere is going to stand up to bad faith actors trying to subvert it. At the end of the day the the constitution is just a piece of parchment with some ink on it and only has the power we give it.
Germany as a nation began in 1871 when it went from being the Holy Roman Empire a loose collection of Germany states, to the nation of Germany and ~50 years later would collapse into Nazi Germany. Fascists don't care about the law, they use the perception of law to gain power.