• @just_another_person@lemmy.world
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    114 hours ago

    Show me one case where a judge has ruled an unconstitutional thing is suddenly constitutional in all these court cases. Even SCOTUS isnt playing that game.

    • @Zexks@lemmy.world
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      6 hours ago

      When they ruled he has immunity. And in may well hear the supreme courts ruling on the legitimacy of the fourteenth amendment. Then there’s Eileen Cannon.

      • @vurr@lemm.ee
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        -65 hours ago

        I think presidents having immunity is essential to have a functioning democracy. Otherwise the party currently in power could arrest the previous president for something they allegedly did while in power and would set a bad precedent. I think it is best for the presidents to be immune unless impeached by both the house and senate for something particularly heinous. And yes, Trump should probably have been impeached already after the insurrection, but that doesn’t change the fact that you can’t just willy-nilly arrest some ex president. There is separation of power for a good reason: to not give too much power to any branch of government.

        • @Khanzarate@lemmy.world
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          74 hours ago

          No.

          Of course even the president has a right to due process, but no. If the president commits treason, he doesn’t get to be immune to that. A trial is warranted and an arrest if found guilty is correct.

          Yes, corruption could hypothetically rig such a trial. But a president immune from the consequences of his actions means there only needs to be one person corrupted to ruin a whole branch of government, instead of the hundreds it would take Congress to rig a trial.

          • @vurr@lemm.ee
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            3 minutes ago

            Thanks for the constructive feedback. If the American system would have been functional enough to actually impeach and indict him then we wouldn’t have this conversation right now as his immunity would have been stripped. That’s impeachments whole point – to hold people in power, who are otherwise immune from prosecution accountable (at least that’s how I understand it), but I totally get where you’re coming from. It worked with Nixon as he probably would have been impeached had he not stepped down. I mostly agree with the points you raise nevertheless.

      • @just_another_person@lemmy.world
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        112 hours ago

        Two members that know what would happen to them if they fracture codified law and intentionally do not. 300 million of us vs thousands in government.

        • Encrypt-Keeper
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          911 hours ago

          Well not 300 million of us, since seemingly every registered Republican in the nation is also ecstatic about tearing the constitution to pieces. And they’re nearly the only ones among us who actually choose to own guns and have the capacity to actually do anything about it.

        • AmidFuror
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          1010 hours ago

          Roe v Wade determined that the right to privacy was in the Constitution (due process clause of 4th Amendment) and that Texas laws restricting it were unconstitutional.

          States restricting abortion was the unconstitutional thing which was suddenly Constitutional again after Dobbs.