Newsline

Elections , Newsline

Supreme Court “Reforms” – Anti-Democratic

Posted on Wednesday, August 7, 2024
|
by AMAC, Robert B. Charles
|
21 Comments
|
Print

The Biden-Harris proposal of “Supreme Court reform” – unconstitutional term limits, congressional ethics oversight, and reversing the 2024 High Court decision distinguishing “official” from “unofficial” acts, thereby making presidents personally liable for all acts, is lunacy.  Why?

First, these three objectives, separately and together, radically alter the constitutional framework, upending checks and balances architected by the Founders, who sought an independent Supreme Court, able to “say what the law is” (Marbury v. Madison) and thus check the other branches.

Lifetime tenure for Supreme Court justices was meant to insulate justices from politics, keeping them on the bench without elections, concerns over future employment, or political influence. 

The Federalist Papers, Constitutional Convention, and Constitution, Article II, Section 4,  make clear impeachment is the only remedy for a justice (civil officer) guilty of “treason, bribery or other high crimes and misdemeanors.” The remedy begins in the House and requires 2/3 of the Senate.

The bar is high, but it was meant to be. The goal was to insulate the judiciary from politics. Politics could not become an excuse for removing justices by Congress – or the president’s party – when they did not like their decisions.

While Article III, Section 1 makes clear judges serve “during good behavior,” the standard was objective, not political. So, term limits politicize a branch meant to be above politics.

Second, a thunderclap: Term limits offered by a president who spent 50 years, that is his entire adult life, sucking from the public troth is rather laughable. That would be like Nancy Pelosi railing against insider trading, Rod Blagojevich pushing gubernatorial ethics, Kamila Harris saying .. we should close the border, stop inflation, and stop politicians from giggling in public.

Third, the separation of powers was intentional. The three federal branches – executive, legislative, and judicial – were made not just accountable in different ways, but co-equal. The Founders evinced no intent – short of impeachment – to make one branch subject to the ethics or ethical oversight of another, and certainly not to have the Supreme Court subject to congressional ethics.

Fourth, call this thunderclap two:  Does anyone really think Congress is a good judge of “ethics,” that those who sit on the highest court in the land, who only get there with an ethical vetting, and who have their own ethical framework and self-police, become better when they are as ethical as Congress? More to the point, in context, does anyone think this is anything more than politics?

Fifth, on the merits, what logic supports a constitutional amendment making future presidents personally liable for all official and unofficial acts? That is absurd, unworkable, and amputates the presidency, not only reversing the logical Supreme Court decision but assigning personal liability to a president for everything from civilian casualties in war and late FEMA aid in a flood, to liability for regulatory changes and job losses from an executive order. That would kill the executive branch.

Sixth, call this thunderclap three:  Getting supermajorities in Congress or three-quarters of the states to go along with such an idea is less likely than a constitutional amendment to reverse the sun’s rise and set, or make Ukraine the 51st state; forget that, if Democrats win, that could occur.

So, net-net, this idea is dumb, done, and yet dastardly enough that serious people should understand where it comes from. Harris and Biden may indulge in lunacy, but their “Supreme Court reform” is code for one-party rule, and that is as anti-democratic as reforms come.

Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC.

We hope you've enjoyed this article. While you're here, we have a small favor to ask...

The AMAC Action Logo

Support AMAC Action. Our 501 (C)(4) advances initiatives on Capitol Hill, in the state legislatures, and at the local level to protect American values, free speech, the exercise of religion, equality of opportunity, sanctity of life, and the rule of law.

Donate Now
Share this article:
Subscribe
Notify of
guest
21 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Robert Zuccaro
Robert Zuccaro
3 months ago

I just love how members of one branch of government thinks it rules over another, equal branch …and then calls Trump a “dictator”!

Max
Max
3 months ago

RBC, good article. As you stated, serious people will understand the consequences if the “Check and Balance” of government is tampered with as the Biden administration has proposed. Those who don’t will be brainwashed by the adversary that their way is the only way for “democracy”. May the nation wake up before it is too late.

Tim Toroian
Tim Toroian
3 months ago

The Democrats are about as stupid and vindictive as Adolph Hitler. They want to ruin everything because they don’t want Trump to “get” anything. Hitler actually ordered Germany destroyed because the people didn’t do enough to win the war. Maybe it will take some ruination to teach the ignorant people in this country a lesson. I still can’t believe there are adults in the Democratic Party who go along with this crap. It’s like Democratic gun owners who vote for gun control. Or stupid people like my Democratic Jewish governor who auditioned for VP with a supporter of Islamic terrorists who denounces Americans for using the applicable term.

Rob citizenship
Rob citizenship
3 months ago

Straight talk is a very welcome practice , especially in government matters. It is healthy, it promotes intelligent thinking, it provides Light in places darkened by distortion of facts, distortion of Truth. So this Supreme Court Reform issue , which is code for one -party rule and is anti – democratic has had some Light put on it through the information in this article . Positive , good stuff, bringing optimistic ideas to mind — that is the way to maintain this Constitutional Republic ,to contribute to the betterment of life. Ethics will , obliterate obfuscation — when applied with a straightforward sense of purpose , such as exposing intentions that are unethical and hidden in coded language. Joy for everyone who has reverence for Truth — I do believe that Joy was part of the spirit of the Declaration — Life Liberty, the Pursuit of Happiness compliment each other. So victory for those who think ethically, honorably , Right , proper , important article RBC by

Rik
Rik
3 months ago

“One person’s Socialism is another person’s Communism!”

ALLAN TERRY
ALLAN TERRY
3 months ago

How “weird” (a work Democrat elites like to use nowadays) that our current president and his potential successor find it appropriate to legislate by executive orders and conspire to destroy SCOTUS’s independence by imposing a Code of Conduct upon the high court.
FDR tried to “pack” our highest court with the intent that it would rubber stamp whatever he wanted to do. He failed. Compromising the separation of powers that three coequal branches of government provides must be opposed by every patriotic citizen. When Joe Biden or Kamala Harris attempt to subvert the roles of Congress or SCOTUS, they undermine the democracy they claim Donald Trump and his supporters want to destroy.

BG
BG
3 months ago

Thank you for your great explanation. This is one of the same subjects we all should know this,know so many subjects which are important to us all.I have learned alot in recent years about government, politics, and laws.It’s definitely opened my eyes, in both good

Barbata
Barbata
3 months ago

They have to change what has stood for nearly 250 years. That is the only way they can gain CONTROL over America. I will never kowtow to these brainless morons, ever. The government has done nothing for me in the past and never will do anything for me. They need me, I don’t need them. I think for myself, I support myself and I govern myself. The government can rot in hell for all I care!

Rob citizenship
Rob citizenship
3 months ago

Attention AMAC Editor — The comment invaders are active in this comment area for this Robert B. Charles article about Supreme Court Reforms . It appears that their main objective is to interfere with the number of votes that the comment writers have — in other words they are taking votes from the comments and attaching negative votes. Whatever can be done to deal with these matters will be appreciated. There is one comment that I believe is suspicious but since I cannot be positive if it is a comment invader I am not going to say anymore — you will recognize which comment I am referring to from your experience I am sure. August 8.

Sean Rickman
Sean Rickman
3 months ago

T D’RATS are only happy with things that promote their sick agenda.

FedUp
FedUp
3 months ago

One must remember that following the laws, let alone adhering to constitutional principles is not something the Democrat / Communist party is remotely concerned with. They have one objective: Total and absolute power. And they are proving that they can and will do anything and everything to obtain that objective.

Leslie
Leslie
3 months ago

RBC, why is it I only get your articles on AMAC and not on Newsmax or Epoch Times? More people need to read your wonderful, common sense articles!

Melinda
Melinda
3 months ago

The democrats probably know these proposals will never happen, but they trot them out during an election year thinking to win over those voters who are uneducated on the constitution. Another reason classes in civics should be reinstated.

uncleferd
uncleferd
3 months ago

Finally… and what we’ve always desperately needed… a ditzy, unwashed imbecile purporting to know, and wanting to impose her influence on, the questions and criteria concering how best to “manage” our highly-esteemed Supreme Court.
Oooohh, I’m so proud of her !!!

Rob citizenship
Rob citizenship
3 months ago

Mystery where the word ” by ” came from in comment just sent .Last sentence should be — ” Right, proper, important article RBC “.

KEN KING
KEN KING
3 months ago

“”O”” POSH TO “”BY”” THE TRUTH WAS PROJECTED

Latest Articles

President Joe Biden, son Hunter Biden and sister Valerie Biden walk across the South Lawn of The White House on July 28, 2024 in Washington, DC. President Biden is returning from a weekend trip to Camp David. (Photo by Michael A. McCoy/Getty Images)
President-elect Donald Trump shakes hands with Dana White during the UFC 309 event at Madison Square Garden on November 16, 2024 in New York City.
Textured red flannel shirts hanging on clothes rack in thrift shop

Stay informed! Subscribe to our Daily Newsletter.

"*" indicates required fields

21
0
Would love your thoughts, please comment.x
()
x

Subscribe to AMAC Daily News and Games