this post was submitted on 19 Oct 2023
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politics

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[–] jordanlund@lemmy.world 35 points 1 year ago (4 children)

If you do this outside a Constitutional Amendment, what will happen is that it will just get challenged up to the Supreme Court, who will then strike it down.

[–] stolid_agnostic@lemmy.ml 22 points 1 year ago (2 children)

Not really. The constitution only says that the SCOTUS exists and is the highest court. Everything else is up to Congress. There didn’t always used to be 9 justices for instance. Congress has even passed laws to strip the court of the right to hear any case they want. Some types of cases have to go through special courts of original jurisdiction, like bankruptcy.

[–] jordanlund@lemmy.world 13 points 1 year ago

Because Presidential term limits were defined by the 22nd Amendment, I guarantee the court will not accept limitations without a new amendment. Especially not this court.

[–] Evilcoleslaw@lemmy.world 3 points 1 year ago (1 children)

The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

During good behavior. This is clearly not limited by time or age. The only way to remove them without their retirement or death is via impeachment for a violation of "good behavior." This stuff can be changed but the way to do so is via amendment.

[–] stolid_agnostic@lemmy.ml 3 points 1 year ago

Bad behavior would still require an impeachment.

[–] SeedyOne@lemm.ee 16 points 1 year ago (2 children)

Even if that were true, they should STILL try it. You do it to put the pressure on, to slowly move forward, put the idea in the news, on people's minds, etc. It may seem futile but we have to start somewhere.

[–] jeremy_sylvis@midwest.social 3 points 1 year ago (1 children)

That's how you waste political capital on ineffective, performative measures which do nothing but guarantee supreme court challenge.

If you want to waste taxpayer money, this is the way to do it.

[–] SeedyOne@lemm.ee 1 points 1 year ago

As if "political capital" is being properly spent elsewhere. Must be nice in happy fantasy land.

[–] jordanlund@lemmy.world 0 points 1 year ago (1 children)

See that's what people said during the Trump impeachments. Everyone knew it wouldn't go anywhere and it changed nothing.

[–] BeMoreCareful@lemdro.id 4 points 1 year ago (1 children)

I mean, he's not president and he's in legal trouble.

[–] jordanlund@lemmy.world 0 points 1 year ago

Yeah, and nobody can stop him from being the next Republican candidate for President.

His fanbase is the living personification of this:

https://effectiviology.com/backfire-effect-facts-dont-change-minds/

Who would challenge it?