They can change the law with a constitutional amendment but the Trump ruling is grandfathered as the highest court has ruled before such an amendment was drafted and passed. It would affect Biden and those who come after him...not Trump.
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Correct. The government cannot criminalize something done in the past that was not criminal at the time of the act.
Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws).
lol you guys make me laugh. They charged Trump with a crime that was past the statute date they just backed up the date to charge him and you think they wont here are you kidding me?
And if they're going to change the constitution anyway just for Trump, might as well throw away that whole grandfather thing anyway ...
This.
Liberals: hold my soy based non alcoholic beer
So, they are stripping Joe's immunity. Lol
Correct. They're now building the very boomerang that's coming back to knee-cap themselves.
It won't pass. There is no way they can get a constitutional amendment through in this political environment. Dems may want it, but no way red states ratify.
Agreed. And, I am not sure that the executive branch can just force through a constitutional amendment on the Judicial branch like that. You kinda need the Senate and Congress to agree to it. (Is it 3/4 of them?). A ND I think that nine is fine, one does not need some cockameemee scheme of trying to match it to the proportions that existed before (i.e. 200+ judges - can you imagine?), and thereby getting the right to pack the court.
The Supreme court already says that the immunity extends to just about everything a President does - except for obvio criminal stuff. But then no-one has taken previous presidents to task over war-crimes - so I don't know how 'no-one is above the law' works. We haven't even started on Biden's money-making enterprises.
Yes
Well, if they're changing the constitution anyway, there's no reason they couldn't constitutionally change the grandfather clause at the same time... But it ain't gonna happen.
Regardless... it is critically dangerous to our society. Literally, if enacted, it means any future leader will be forced to make decisions (in all policies) that will avoid being prosecuted after their term from vicious lawfare. This will infect and handicap all Presidential actions to avoid this risk and thus completely re-shape everything about our country.
This is a deadly line of thinking that will destroy our country. Don't be misled, seduced or misinformed. This is the most nefarious proposal ever!
And I think the Supreme Court might have a few things to say about it.
I don't believe it will happen - it is a Hail Mary attempt.