Will presidents be kings? The Supreme Court seems to be leaning that way.
The Supreme Court issued its ruling on Monday in the Colorado disqualification case, siding with Donald Trump and holding that future insurrections by incumbent presidents, presidential candidates and other officials who have taken an oath to defend the Constitution are perfectly okay under that Constitution, unless Congress enacts legislation specifically activating Section 3 of the 14th Amendment.
Last week, the court agreed to consider Trump’s effort to manufacture constitutional criminal immunity to insulate his January 6, 2021, actions from the purview of the law. By accepting Trump’s immunity appeal, at least five justices appear to be toying with the idea of carving out some safe space for presidential criminal activity — which does not currently exist under the law in any way.
The Supreme Court did not have to hear these cases. But now, having taken Trump’s bait, the justices must put country over party and reject the sobering implications of enabling the criminal use of a president’s extraordinary powers with impunity.
Armed with rulings green-lighting Trump’s Jan. 6 actions, it’s hard to say what would stop a future president from using the powers of the executive to stay in power indefinitely. He might employ the military in contravention of the Insurrection Act — a maneuver Trump reportedly considered in 2020 — and would be sure to appoint military commanders willing to carry out his demands through pledges of personal fealty. To get around Senate confirmation hiccups, he could try to make the appointments during a Senate recess under the Federal Vacancies Reform Act, or adjourn both houses of Congress “to such Time as he shall think proper” under Article II, Section 3 of the Constitution, “in Case of Disagreement........
© The Hill
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