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this post was submitted on 29 Jul 2024
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If it’s not an official executive order, it’s all bluster. Actions, not words.
An executive order would just be revoked by the next republican president
When there’s another Republican president, this will be the least of our worries. The Heritage Foundation and Federalist Society have captured the courts. There are no judicial means to enact this. If it is challenged in court, it will lose. Waiting for Congress to act is hopium. Do it, then apologize for having to do the right thing.
You seem confused on what an executive order is (or you're not confused and are just saying this in bad faith). It's not just the president randomly saying I order this to happen like some kind of dictator. It's the executive laying out his/her interpretation of specifics on how a law should be implemented, a law already passed by congress. So unless congress has passed a law already, saying congress gives the executive the power to increase the size of the court on a whim, or decide to impose term limits on a whim (and they most certainly have not), then the power still rests with congress. Setting up and regulating the courts is a job expressly delegated to congress in the constitution. An executive order is meaningless here. What law would it derive its authority from? A congressional law might not even be enough for all of this, that's why part of the plan talks about a constitutional amendment.
And "No words" ?! How on earth are we supposed to build a concensus to do something, if in your opinion no one is allowed to even talk about it or express their support until it's already happened? You make no sense. The sitting president endorsing supreme court reform is a huge step. And Harris is endorsing it too. Now we just need enough members of congress to get on board, and that's how it could happen. Not talking about it because it can't happen this second doesn't make it any more likely to happen. Comments like yours if anything make it less likely, and discourage support for the people trying to actually get it done.
I'm tired of all these nonsensical, "why doesn't Biden just become dictator right now" comments. We're voting against Trump because we don't want a dictator.
Thomas Jefferson
I understand the limits of Executive Orders, but the Supreme Court has overstepped its bounds. How can you reel in a branch of government that decides which laws will be enforced? Congress is feckless and stilted and captured by interests.
Pretending that America can litigate itself away from fascism is foolish. Republicans and the conservatives will not give up power willingly. It has to be taken.
If the Democrats, who claim to want to uphold the conventions of democracy, will not act dictatorially, the Republicans, with the help of the Supreme Court, surely will.
I know what I am saying seems extreme, because it is. We are experiencing turmoil because of unchecked power. If the Democrats do not ACT the republic will be lost, if it is not already too late.
I fundamentally disagree. I think if you invoke authoritarianism to supposedly prevent it, you've already lost. I don't think that's the case yet though. I still have hope. Our country has been much less democratic than this before and managed to improve, it can happen again.
Slavoj Žižek
I mean this very practically, if Biden actually began acting extra judicially like you said, he'd just shatter norms faster, make all the false things Republicans say about democrats wanting to destroy democracy true, and lead to a landslide election victory for republicans in the fall (unless Biden went truly authoritarian and stopped the fall elections too). And it'd be obvious what would happen from there. I'm sorry but you just can't fight fascism with fascism. It doesn't work. You just get more fascism.
It’s a good thing I’m wrong then.
What do you suppose the president has the power to do in this case?
This.
That doesn't seem like a reasonable or well thought-out idea.
I’m open to other ideas. But, we’ve tried nothing and we’re all out of ideas won’t cut it with fascism looming. Act in a utilitarian manner, and sort out the deficiencies later.
Why not? As an originalist constitutionalists, conservatives should laud a president who reduces the court back to its Constitutionally mandated 6 justices.
Point of order: the Constitution doesn't set the number of justices, it gives that power to Congress.
Somehow the writers of that Wikipedia article managed to fit that information into the first sentence.
It sets a reasonable bar for discussion, and makes a great case of you read it. Maybe that last part is the problem...
I read it. I am not looking forward to this proposal dying in a House of Representatives committee though; which it will.