The Big Shift

The main problem with an open democratic system is that it's vulnerable to unprincipled assholes like Trump - men who have no honor.

And honor is what the whole thing requires.

Because nobody has to do anything but die. If I keep my word, it's because I feel honor-bound to do so.

I can sign my name to a "binding" contract, have it witnessed and notarized, but when it comes time to deliver on whatever promises I put in writing on that piece of paper, I can just walk away.

There may be some pretty heavy consequences if I choose to walk away, but walking away is always an option.

If we've learned nothing else from this totally fucked up Donald Trump experience, at least we can own up to having been well-instructed on the root - basic - foundational - essential precept of dealing with each other honorably.

Now we're going to see if we can take a step back towards normality by trying to do something to rein in a Supreme Court that's about to jump the rail and run headlong off the cliff.

President Biden Endorses Supreme Court Reform

The major reforms will face significant legislative hurdles but mark a major step for the President

President Biden has come out and officially endorsed reforms to the United States Supreme Court, marking one of the most major shifts for the President of the United States since taking office. Previously, President Biden had been extremely reluctant to support any reforms to the Court, but today, that has changed. According to a new announcement from the White House, President Biden has endorsed three major reforms to the Supreme Court including:

1. stripping immunity from any former President for federal crimes
2. term limits for Supreme Court Justices
3. adopting an enforceable code of conduct for Justices.

To the first point, the first reform would see the adoption of a Constitutional Amendment that would make clear that no former President is above the law. This comes following the recent Supreme Court immunity decision which granted absolute immunity for all official acts taken by a President. The second reform would see the adoption of an 18-year term limit for Supreme Court Justices. Currently, Justices enjoy lifetime tenure on the Court. Finally, President Biden is calling for a code of conduct that would be enforceable on the Justices requiring them, for example, to immediately disclose gifts received from billionaire benefactors.

These proposals will likely face significant legislative hurdles, especially from Republicans who have been reluctant to adopt any Court reform, but is a critical first step in the fight to reform the nation's highest court.

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Opinion

Joe Biden: My plan to reform the Supreme Court and ensure no president is above the law

We can and must prevent the abuse of presidential power and restore the public’s faith in our judicial system.

This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No one.

But the Supreme Court’s 6-3 decision on July 1 to grant presidents broad immunity from prosecution for crimes they commit in office means there are virtually no limits on what a president can do. The only limits will be those that are self-imposed by the person occupying the Oval Office.

If a future president incites a violent mob to storm the Capitol and stop the peaceful transfer of power — like we saw on Jan. 6, 2021 — there may be no legal consequences.

And that’s only the beginning.

On top of dangerous and extreme decisions that overturn settled legal precedents — including Roe v. Wade — the court is mired in a crisis of ethics. Scandals involving several justices have caused the public to question the court’s fairness and independence, which are essential to faithfully carrying out its mission of equal justice under the law. For example, undisclosed gifts to justices from individuals with interests in cases before the court, as well as conflicts of interest connected with Jan. 6 insurrectionists, raise legitimate questions about the court’s impartiality.

I served as a U.S. senator for 36 years, including as chairman and ranking member of the Judiciary Committee. I have overseen more Supreme Court nominations as senator, vice president and president than anyone living today. I have great respect for our institutions and the separation of powers.

What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.

That’s why — in the face of increasing threats to America’s democratic institutions — I am calling for three bold reforms to restore trust and accountability to the court and our democracy.

First, I am calling for a constitutional amendment called the No One Is Above the Law Amendment. It would make clear that there is no immunity for crimes a former president committed while in office. I share our Founders’ belief that the president’s power is limited, not absolute. We are a nation of laws — not of kings or dictators.

Second, we have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the court’s membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come. I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court.

Third, I’m calling for a binding code of conduct for the Supreme Court. This is common sense. The court’s current voluntary ethics code is weak and self-enforced. Justices should be required to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. Every other federal judge is bound by an enforceable code of conduct, and there is no reason for the Supreme Court to be exempt.

All three of these reforms are supported by a majority of Americans — as well as conservative and liberal constitutional scholars. And I want to thank the bipartisan Presidential Commission on the Supreme Court of the United States for its insightful analysis, which informed some of these proposals.

We can and must prevent the abuse of presidential power. We can and must restore the public’s faith in the Supreme Court. We can and must strengthen the guardrails of democracy.

In America, no one is above the law. In America, the people rule.