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this post was submitted on 01 Aug 2023
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Well let's look at the two you just said.
1:elimate via 1965 higher education act. Mechanistically, this would be done via executive order, then the court challenges, and rules on whether or not the action itself or the 1965 act is constitutional. And what do you know! We are in luck! Because that's literally what just fucking happened with the 10k cancellation last year. And it turns out our supreme court is full of shit bags, so it got squashed.
2: stack the court, or, excuse me, "expand to 13". This is blatantly and laughably unconstitutional. The amount of justices is explicitly set Article III, Section 1, by congress. Judiciary Act of 1789 set it to 6. Passed by congress. Judiciary Act of 1801 set it to 5. Congress. 1807 to 7. Congress. 1869 set to 9. Congress. Jackson tried and got overturned. FDR tried, via congressional bill and didn't get the votes. Now tell me where in that timeline do you see the authority to do this without congressional approval? So what you are asking for is a literal goddamn executive coup, a blatant authoritarian power grab for the executive, what we just narrowly avoided with Trump. Any support online you see for this movement, that even dares to cite a legal explanation for why Biden could do this, is made by liars and grifters who thinks they can sneakily interpret the constitution with some backdoor logic to ignore all judicial precedent. They are just rebranding sovereign citizen logic, straight up.
I don’t think SC has as much wiggle room to justify a squash attempt under 1965 HEA, the law is written very plainly there.
You’re right about executive overreach though, Biden would have to rally his congress to resize the court. He could have leveraged the majority activists handed him via GA in his first 2 years to do this. And when certain scumbag senators refuse to play ball, campaign aggressively in their home districts against them - whatever he has to do to fight for us. Which he isn’t going to do at all.
rofl
You think a bunch of republican "I'm a hair's breadth away from taking my gun and shooting the first black man I see" dumbasses will suddenly vote Democrat if you just "campaign aggressively"??
Obviously not, I was referring to those who claim to be part of the democratic caucus and yet obstruct just as much as the republicans. The convenient excuses to not get anything done by Dems - Manchin and Sinema. One of the ways Biden can prove to me he actually wants to do something to benefit the people, is to hold them accountable. Instead he rewards them, and I suspect this is because they’re doing their jobs perfectly.
However, you do bring up a good point - we need to seriously consider how to bring republican voters back from the brink. It will be crucial for us to find a way to de-program them and bring them back into the societal fold, if we are to survive as a nation.