4 ms·
The scotus would need to strike down the 22nd amendment. Even with as horribly morally bankrupt of a scotus as we have now, I don’t think they’d sink to the low
by winter_blue 2y ago
The scotus would need to strike down the 22nd amendment. Even with as horribly morally bankrupt of a scotus as we have now, I don’t think they’d sink to the low of striking down the 22nd.
- outer_web 2y agoI don't believe scotus can invalidate an amendment. The best they can do is interpret it in a way that allows a third term.
- winter_blue 2y agoThe U.S. Supreme Court has never struck down a constitutional amendment, that is true. But in other common law countries, like India, whose legal system is very similar to the U.S., have had cases where the Supreme Court struck down a constitutional amendment. For more on this, see: https://en.m.wikipedia.org/wiki/Basic_structure_doctrine https://en.m.wikipedia.org/wiki/Basic_structure_doctrine With regard to the Indian case above: while I support the goal of judgement, as the goal of the judgment itself is good, the idea of a Supreme Court overriding a constitutional amendment is quite startling. The supreme courts of several other countries, including Bangladesh, Pakistan, and Uganda have copied this doctrine. Who knows when the U.S. Supreme Court will decide to copy this doctrine as well.
- outer_web 2y agoNot sure if it is the same in India but in the US there needs to be a supermajority of both houses and the amendment must be ratified by the states. Since the first ten amendments are considered more or less integral to the constitution, I have a hard time believing even this court would consider itself above amendments. And even then, term limits would be a weird hill to die on, since it would open the door for future courts to strike down constitutional amendments.
- smw 2y agoHe was already ineligible this election based on the 14th amendment, but SCOTUS bailed him out.
- cmurf 2y agoThey could pull a Trump v. Anderson, and say neither courts nor states can't keep him off the ballot - only the people, the College, or the Congress can stop it.
- nickpeterson 2y agoI don’t have a ton of faith in scotus right now, but I think they understand their only power is in whether people consider them independent. Allowing a third term for Trump would be accepting that they’re basically in charge of parking tickets.
- coliveira 2y agoI don't think the current Scotus cares in any way about looking independent. Quite the opposite.
- tstrimple 2y agoThey legalized bribery in plain sight for everyone to see for fucks sake. They stated that the president is above the law. It's insane to me that anyone thinks our institutions will save us.