Comment on Trump Is Immune - Legal Eagle
voracitude@lemmy.world 5 months agoOh yeah? What’s one situation in which the President would have to break the law to perform their duties? The President is the Chief Executive, literally part of the job is to preserve and uphold the law of the land, not to break it.
The checks and balances are set up throughout the Constitution explicitly:
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Article I (Legislative Branch):
- Congress can pass laws, but the President can veto them (Section 7).
- Congress can override a presidential veto with a two-thirds vote (Section 7).
- The Senate approves presidential appointments and treaties (Section 2).
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Article II (Executive Branch):
- The President executes laws but needs Senate approval for treaties and appointments (Section 2).
- The President can be impeached by the House and removed by the Senate (Section 4).
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Article III (Judicial Branch):
- The courts can declare laws and executive actions unconstitutional (judicial review, established by Marbury v. Madison).
Finally, you’re absolutely wrong about the check/balance being the ballot box:
Article I, Section 3, Clause 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.”
Nobody is above the law. Until now, it seems, but not because that’s the way it’s meant to be.
bionicjoey@lemmy.ca 5 months ago
You’re right that another of the checks on presidential immunity is impeachment. But you’re wrong that the president is expected to abide by the laws of the land. There has always been an understanding that the office of the president is above those laws (and the checks and balances are there if anyone has a problem with the way the president exercises that privilege). This is where presidential pardons come from. The president can select anyone who is so much as suspected with any crime and grant them blanket immunity, whether or not they actually are guilty of anything.
voracitude@lemmy.world 5 months ago
Once again, you’re wrong. The Constitution gives the president the power of pardon:
Article II, Section 2, Clause 1
“The President shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
And again, the Constitution holds that all officers (of which the President is one) are subject to the law:
Article I, Section 3, Clause 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.”
It’s right there in black and white. Go check any true and faithful copy you like.
bionicjoey@lemmy.ca 5 months ago
I’m aware of the text. I’m also aware of how it’s been interpreted by courts. Those are two very different things.
voracitude@lemmy.world 5 months ago
If you’re aware of the text then why’d you claim the courts’ interpretation gave the President the power of pardon? If you’re aware of the text, why do you consider any interpretation except the obvious one as correct? If you’re aware of the text, why’d you say
Instead of citing any specific thing? I’ll tell you why on that last one: it’s because it’s never been tested, so it hasn’t been interpreted this way before, and this SCOTUS is the only court in the history of the country that would declare an intepretation exactly opposite of what the Constitution says (disagree? Find another instance of it, under another SCOTUS, to prove me wrong).
You are right that
But this is yet another reason the President should never have reason to outright break the law. There is no reason the President should ever have to break the law, and I will hold that position until such time as I get a satisfactory retort otherwise.