Another fine mess from the US Supreme Court 

Legal experts analyzed the U.S. Supreme Court’s decision last week. decision Donald Trump can remain on the presidential election ballot despite inciting his supporters to storm the US Capitol on January 6, 2021. Here are some suggestions that you may have missed.

The issue before the court was whether Trump had been disqualified from the presidency. rebellion clause Fourteenth Amendment to the Constitution. This article stipulates that anyone who takes an oath to support the Constitution and then participates in a rebellion cannot hold government office.

In a unanimous decision, the nine justices ruled that states do not have the power to remove candidates for federal office from the election ballot based on the Insurrection Clause. But five of the six conservative justices went further, deciding not only to enact new laws but also to rewrite the Constitution. They ruled that a representative cannot be disqualified by the Fourteenth Amendment unless Congress passes a bill to do so.

This was a radical ruling by a supposedly originalist court, designed solely to protect former presidents from constitutional sanctions against “oath-breaking insurrectionists.” The justices are well aware that Republicans in the current Congress would never approve such a bill.

Judge Amy Coney Barrett, who was appointed by President Trump, said she looked forward to the ruling. “Rather than raising the temperature across the country, we will lower it.” Her conservative colleagues proved for the second time in a week that they are loyal to Trump, not the Constitution. Six days earlier, the court had delayed Trump’s trial He was indicted on four counts related to his role in the riot and is unlikely to go to trial before the election, raising hopes that he could win and pardon President Trump. The ruling made the court’s conservative judges co-conspirators with President Trump as he sought to escape responsibility for the insurrection.

The court’s ruling also makes November’s parliamentary elections at least as important as the presidential election results. Before I explain why, let me point out some other influences.

First, we ask whether the disqualification clause applies only to oaths who aid in rebellion, or whether it also applies to oaths who aid insurrection, in which case they assist in escaping constitutional punishment. Should. If so, the 14th Amendment would disqualify current conservative justices from serving on the high court.

Second, if a legal authority has to invoke the insurrection clause (a point that some respected legal experts dispute), then that authority must rely on a partisan party like Congress that cannot be trusted to govern. It is clear that it cannot be an institution. “Without fear or favor.”

In fact, many of today’s Republicans in Congress should themselves be disqualified by the Fourteenth Amendment.sum of 126 House Republicans Participated in Trump’s fake elector scheme in an effort to overturn valid election results in key battleground states.a Total 147 Voted against certifying Joe Biden’s victory. They cannot implicate President Trump in the insurrection without implicating themselves.

Third, the court appears to be exceeding its authority by adding new requirements to the Fourteenth Amendment. The proper procedure for amending the Constitution is ratification by three-quarters of the state legislatures.

Fourth, the Supreme Court should demonstrate that oaths have some meaning and are fully enforceable in government, with or without Congressional consent. The oath must not be violated even by the people.

Trump is outspoken about his next plans. undermine our democracy. Every American who has ever recited the Pledge of Allegiance has sworn an oath to the Republic. They will be breaking that promise by voting for Trump.

Fifth, if Trump loses the election, we must expect him to try to overturn the results again. If he does, the Justice Department should prosecute him under existing sedition laws rather than relying on the now-defunct 14th Amendment. Lessons learned.

Finally, let’s return to how the Supreme Court has elevated the importance of this year’s congressional elections. By indicating that it is a Trump court rather than a Roberts court, the justices indicated that they do not intend to put checks or balances on Mr. Trump’s actions if he returns to office.

In November, voters will be the next line of defense for democracy. If Trump wins, Congress will be the last line of defense.

A functioning Parliament has and must exercise the following powers:

• impeachment and dismiss all eligible federal employees;This includes the president, Cabinet members, Supreme Court justices, federal judges, and, in some cases, the president’s other political appointees.
• “Regulate and otherwise influence federal courts.” Congressional Research Service Includes and explains many aspects of the Supreme Court’s structure and procedures. For example, Congress could change the size of the court to improve ideological balance and establish a code of ethics for judges.
• Limit the Supreme Court’s jurisdiction over certain issues Article 3 of the Constitutionpossibly including reproductive rights.
• Reject presidential nominations by the Supreme Court, other federal courts, and Cabinet agencies.
• Pass laws and control the government’s purse strings to influence and constrain the power of the president.

Electing such a Congress would require a historic purge of incumbent Republicans. But that is an impossible task that patriotic voters should choose to accept.

Virtually every Republican in the House and Senate ceded their support to Trump.senate republican failed to convict twice They accused him of abuses and crimes that were clearly impeachable.House Republicans are Trump’s lackeys and bullied baseless impeachment proceedings To President Biden, Baseless, never-ending investigation Biden’s interference in household finances and refusal to approve bipartisan immigration reform or Continue military aid to Ukraine.

The most important qualification for Congress this year is not party affiliation, but each candidate’s loyalty to the Constitution and declaration of independence from Trump. An incorruptible Congress will work with second-term President Biden to ideologically balance the Supreme Court, restore public confidence in our democracy by correcting our democratic shortcomings, and signal that integrity has returned to government. You could do that.

This year’s mission should be “freedom from Trump,” not “freedom from Trump.” He was a toxic figure in the central government for nine years. The time has come for him to become nothing more than a cautionary footnote in our history.

William S. Becker He is executive director of the Presidential Climate Action Project, a nonpartisan climate policy think tank. A former high-ranking official at the Wisconsin Department of Justice, heDemocracy Off the Chain: How to Rebuild Government for the PeopleHe is also a contributor to “.Democracy in a hotter era”