For reference: Article 48 Wikipedia I’m trying to understand how anyone with any knowledge of the history of dictators could possibly justify granting a president unchecked “official” power so if anyone has any actual theories I am ALL ears.
As a German, well, I don’t understand enough about the US side of things to answer to this, but I do always get spooked when I see nations pulling shit like that.
And, by the way, I do hope the USA finally get 9/11 under wraps this year: https://www.whitehouse.gov/briefing-room/presidential-actions/2023/09/07/notice-on-the-continuation-of-the-national-emergency-with-respect-to-certain-terrorist-attacks-3/
Wait, 9/11 is still considered an ongoing national emergency? Lmfao
Random guess, it grants some sort of overreaching privilege to some agencies and they are clinging onto that overreaching power?
Anyone got a real answer?
So, national emergencies can do some of that, but this one has more to do with financing of programs, and the legal basis for financial sanctions relating to fighting terrorism. It also allows for more flexible hiring of military officers and for there to be more generals than usual.
The actual things being changed by the emergency declaration is listed in the order.
https://en.wikisource.org/wiki/Executive_Order_13224
It’s basically “we don’t need to ask Congress when the Treasury department tells a bank they can’t send money to specific overseas accounts”.
Guantanamo bay is still a thing so my guess is that?
The rationale is that the powers aren’t unchecked, but that the check for official constitutionally listed acts of the president is Congress, not the courts.
Article 48 gave the presidentisl office the power to unilaterally bypass the legislature.
This supreme Court ruling delineates the line between the individual and the office with regards to the judicial system, not the relationship between the office and the other branches like article 48 did.
Rather than granting new powers or preventing restraint of the executive branch, it purely limits the consequences the individual can face out of office.
The concept of presidential immunity existed prior to this case.The ruling essentially listed three categories and their immunity status with regards to the courts. In my opinion, two of them are reasonable and the third shouldn’t exist.
It’s reasonable to me to say you cannot sue the president for vetoing a bill, or criminally prosecute the president for commanding the military. The constitution says the president can do those things, and that the check on presidential power is congressional acts including impeachment. The office of the president or the government as a whole may be prosecuted, and Congress and the courts can hammer out the exact meaning of the core powers, but the individual is only liable if Congress uses their power to assert that something was definitely not a valid presidential act.
It’s reasonable to me to say that being the president doesn’t grant you broad immunity for non-president things. The president does not have the constitutional authority to drink and drive, so if they do they’re just a person subject to criminal prosecution.
It’s unreasonable to me to say that in areas where the president acts officially, but their authority is shared with Congress or an inherent power of the office that they might not have immunity depending on how it impacts the role of the president.
It’s weird to say it, but in this case I agree more with Coney Barrett that the more appropriate test is to see if the law applies to the official act and then determine if in this case it would interfere with a delineated core power.In her own separate concurrence, Justice Amy Coney Barrett agreed with the majority “that the Constitution prohibits Congress from criminalizing a President’s exercise” of his core constitutional powers and “closely related conduct.” But she would have courts approach the question of immunity for other official acts differently, by focusing first on whether the criminal law under which a former president is charged applies to his official acts and, if so, whether prosecuting the former president would interfere with his constitutional authority.
Applying that principle to the facts of this case, she suggested that at least some of the conduct that serves as the basis for the charges against Trump – such as his request that the speaker of the Arizona House of Representatives hold a special session about election fraud claims – would not be immune. “The President,” she concluded, “has no authority over state legislatures or their leadership, so it is hard to see how prosecuting him for crimes committed when dealing with the Arizona House Speaker would unconstitutionally intrude on executive power.”
https://www.scotusblog.com/2024/07/justices-rule-trump-has-some-immunity-from-prosecution/
I ultimately think that it would have been better to say that the president (individual) cannot be criminally prosecuted for exercising specifically enumerated constitutional powers unless Congress has impeached and removed from office and send it back to the lower court. They’re perfectly capable of deciding if a particular act was an executive overreach or not on a case by case basis, and the fact that this has never happened before is a pretty solid argument against needing to worry about a “chilling effect” on the exercise of presidential power. The president should be chilled, it’s practically in the constitution. Any power not given to the government is reserved to the people, clearly implying that the constitution should be read as stingy with power to the government, and generous with rights to the people. The president, as a member of the government, should be encouraged to worry about wandering around in legal grey areas.
It’s reasonable to me to say you cannot sue the president for vetoing a bill, or criminally prosecute the president for commanding the military. The constitution says the president can do those things, and that the check on presidential power is congressional acts including impeachment.
Yea I dunno … why not just have no immunity? It’s not like the whole idea of the separation of powers is to ensure power is freely exercised … it’s the opposite.
If a president has to pause for a moment before doing something to ask their lawyer if it would be a crime … maybe that’s the point of having fucking legal system and constitution?
Sotomayer’s dissent provided pretty good evidence (AFAICT) that the framers would have put criminal immunity into the constitution if they thought it wise … because it was a known idea at the time that had been done by some states regarding their governors. They didn’t. Cuz that’s the whole point … “no man is above the law”.
And as for Congressional impeachment being paramount … I’m not sure that’s either necessary or even consistent with the Constitution (again, as Sotomayer’s dissent addresses).
For example … Article 1, section 3 (emphasis mine):
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
In short (AFAICT) … impeachment and general legal liability are not the same thing … and the latter totally still applies.
Beyond all of that, the general law probably achieves everything that the majority’s decision was worried about (while they were conspicuously not worried about all of the other things that one should be when crowning a king). Civil immunity is a well established doctrine (government’s just too big and complex a thing for civil responsibility to make sense). And while I don’t know anything about it, there are similar-ish ideas around criminal responsibilities that just don’t make sense for the very nature of a governmental responsibility, war, I think, being a classic example. Sotomayer again speaks about these things.
Overall, once you start to squint at it, the whole decision is kinda weird. To elevate the separation of powers to the point of creating literal lawlessness seems like plain “not seeing the forest for the trees”.
The bit I wonder about, without knowing US Constitutional law/theory well at all … is whether a democratic factor has any bearing. A criminal law is created by the legislature, a democratic body. And also caries requirements for judgment by jury. So couldn’t an argument be made that the centrality of democratic power in the constitution cuts through any concerns about the separation of powers that the SCOTUS had, and enables democratically ordained law to quash concerns about whatever interference the judiciary (or legislature?) might exercise with the executive.
I know there’s the whole “it’s not a democracy, it’s a republic” thing … but the constitution dedicates so much text to establishing the mechanisms of democracy (including the means by which the constitution itself can be altered) that it seems ridiculous to conclude that democratic power is anything but central.
Those are all great points.
To be clear, I don’t agree with the notion that the president requires immunity in order to be “undistracted” while being president.
I think that immunity for explicitly delineated powers makes sense purely from a logical point of view: the constitution says the president can do a thing, therefore a law saying they can’t do that thing is either unconstitutional, or doesn’t apply to the president.
If they’re impeached it wasn’t a valid use of their powers and they are potentially personally criminally liable.
I feel like it’s less traditional immunity and more an acknowledgement that the legislature can’t criminalize things in the constitution, and someone can’t be guilty of a crime under an unconstitutional law.It’s the not-enumerated official acts bit that’s wonky to me.
I don’t think anything that trump did would even remotely fit under an enumerated power of the president, which are pretty clearly and narrowly defined. Nowhere does the constitution empower the president to futz about with elections. If Congress delegated that power to the president, then the president is acting in the bounds of a law they can break.
I think that immunity for explicitly delineated powers makes sense purely from a logical point of view: the constitution says the president can do a thing, therefore a law saying they can’t do that thing is either unconstitutional, or doesn’t apply to the president.
You are effectively implying this, but I will say it explicitly - you don’t need immunity to reconcile the logical conflict. The courts can simply find that that law is unconstitutional facially (if it is specifically directed at an enumerated executive power) or as-applied (if it is a general law that sweeps in executive conduct that falls under an enumerated power). In other words, it’s not that the President is immune from criminal prosecution for violating a criminal statute, but instead Congress violated the separation of powers when passing the law and it therefore can’t be enforced because it is unconstitutional. In that situation, this would be a defense to the prosecution, with the burden being on the President to raise and prove the unconstitutionality of the law just like any other defendant. We don’t need to invent a new immunity to protect the President against Legislative excesses.
I’d agree that that would also be a valid way of accomplishing the same thing. Given the history of how we’ve handled things like civil immunity for the presidency before, it’s at least consistent to call it an extension or clarification of existing practices, rather than something new.
Yeah, that’s fair - ‘new’ is probably not wholly accurate.
I think that immunity for explicitly delineated powers makes sense purely from a logical point of view: the constitution says the president can do a thing, therefore a law saying they can’t do that thing is either unconstitutional, or doesn’t apply to the president.
Yea, it’s an interesting one. AFAIU, the delineated powers are basically command of the military and the power to pardon. I really don’t see how a Crime can generally be applicable to either of those. It’s not like “commanding the army” can just become a crime.
But regulating what the army can legally do … seems like a very natural thing. I don’t know if individuals of the military in the US can be responsible under ordinary law for anything. If so, then I don’t see why that would extend to the president should they order something that’s obviously a crime. If not, then that’s that. And again, there are probably natural exceptions to carve out regarding the very nature of military action that would lead to preposterous inconsistencies if they could possible be made generally criminal … where again, it seems to me that you don’t need immunity … it’s just the nature of the power that is amenable to falling within the meaning of legislative regulation.
Beyond all of that though … there’s the opening line of Article II:
The executive Power shall be vested in a President of the United States of America
WTF is “the executive power”?! I’m sure there have been attempts in the US to give it some shape … but I’d also wager it’s been left somewhat nebulous too, involving elements quite distinct from whatever powers Congress/Law can confer. Does that count as an enumerated power?
Otherwise … yea I’m with you. The “official acts” thing seems more than wonky to me … seems downright expansive. Excluding military action and whatever “fuzzy” powers may be considered intrinsic … I’d imagine most of the executive’s powers come from legislative laws. So the body conferring power can’t constrain it to “not doing something criminal”!!!
I’ve wondered since having a brief look at the decision that the SCOTUS is playing a game here … where they do not want Trump’s trials to affect the election and are hoping to clarify this decision and what “official” means at a later date after the election.
For the military thing, I think there’s coverage for that. The constitution gives Congress the authority to govern the conduct of the military, as well as when it may be used. The president’s “just” the commander, but they’re bound by the same rules for the military that Congress made. I think the best case a rogue president could make there would be that they should be court martialed rather that tried in a civilian court, and I’m unsure if that’s better.
Since Congress has authority over the conduct of the military, I can’t actually think of a situation where “being commander” was the defining thing, and not their conduct as commander. Closest I got was some sort of negligence resulting in death, but that’s derilection of duty and part of conduct.
I believe the executive power thing is essentially “control of the executive branch”. I think that one is actually fairly well fleshed out since it’s the leading source of disputes, since it’s all about what the president can tell a part of the executive branch to do.
It would essentially be “the president is not criminally liable for firing the attorney general”.So yeah, I think the sane conclusion would be that the president is de facto immune to laws that currently don’t exist, and likely never will that are insanely narrow in scope.
I unfortunately don’t think the court is playing a game.
I think their slow handling of the case was partly avoiding claims of the courts influencing the election, and partly it just being complicated and unprecedented.
I think they were very clear that the other acts are basically anything the president does “as president”, particularly since they ruled that it’s okay for the president to ask the justice department about options for replacing electors, because the president gets to talk to the justice department.I think it’s also worth reiterating that this doesn’t prevent the courts from preventing an action, or other checks against presidential actions, only the consequences the individual may face afterwards.
The president has the same authority to order the military to disband Congress as they did before, I just might be harder to sue them for it.Cheers!
Well…you made me feel one iota less justified in sending my dad a shirt with Bootlicker in large font.
I mean, if he’s even sorta a boot licker, that’s pretty awesome.
Hopefully that “lol, nice” makes up for that iota. :)
I’m pretty sure their actual justification is that turning the United States into a dictatorship will really own the libs.
Honestly? It would, they would own themselves too but they can’t understand that
Well you see the president is elected democratically unlike in Germany where the Nazis were never…oh…
A broad coalition of the liberals, centrists, conservatives with the Nazis who were willing to outlaw and arrest a fifth of the government for the final vote to function.
The functional difference is that the Supremos set themselves as the arbiters, so while Trump will get immunity for anything, Biden will get immunity for nothing.
Fun fact: The original ‘spam’ was posted once; just, it was posted to hundreds of USENet readers at the same time. Hundreds, Carl!
As I understand it, POTUS has absolute immunity for core acts as specifically defined in the constitution. There are other official acts the president may conduct that are not strictly defined. There’s a presumed immunity for these actions but that does not mean they can not be challenged or that a president can not be impeached. And then there are actions a person holding office as president of the US may conduct outside their role as president which are by no means immune from criminal prosecution.
So, from what I’m reading, this ruling hasn’t really changed very much. It actually seems to me that it holds a president more accountable for their actions as it strengthens the guidelines they must follow as president.
Now, how congress goes about utilizing these guidelines in a bipartisan matter is 100% always going to be a concern. There’s going to be a lot of back and forth and forth and back to more clearly define what “official acts” are. Because our politics are so toxic now, this is likely going to have a monumental impact on the momentum of the already agonizingly slow to do anything federal government.
So, it’s up to voters to decide if they want Washington to work for them in a meaningful dinner table manner or perpetually act as a court to hold politicians accountable for their actions. We still, currently, have the choice to move forward or stay stuck in 2020.
In regard to the Reich Constitution, POTUS has always had most of these rights. In instances of political unrest or natural disaster, the president has power to declare an emergency. Funding still has to be agreed upon by Congress.
Also, FWIW, SCOTUS very clearly states in the middle of Page 8 “The President is not above the law.”
The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts. That immunity applies equally to all occupants of the Oval Office.
I think the intent of this ruling, and certainly the current interpretation is that anything anywhere in the scope of POTUS responsibilities is now above the law. So Trump can, and is going to argue that his insurrection was within his scope of protecting elections and therefore he has full immunity. He has also filed paperwork trying to have his election interference felony convictions overturned based on yesterday’s ruling. They have made POTUS a king at the discretion of the court, instead of the beholden to the constitution.
In short, this wouldn’t be a big deal if politicians were acting even half way in good faith. But since Trump, the GoP and Supreme Court have not been acting in good faith at all, making it terrifying as to what they may do
In the sense that the Constitution is above the law, yes.
The president is not obligated with protecting elections so that should not fall within absolute immunity. At best, the president appoints election-related officials and may pressure them to do something about an election, But acting unilaterally is not something a president is supposed to do. (In my opinion)
Edit: Having now read the syllabus and opinions a couple times, Roberts has stated what I have. It’s up to judicial review to determine if what he’s done is within his core duties or peripheral duties.
I’m super confident this guy will be found guilty of election interference. When is a much bigger unknown.
The US Constitution gives the Executive official responsibility for the enforcement of all federal law.
This is from snippets of Justice Sotomayer’s disent I found here.
Sotomayor said that the majority opinion, written by Chief Justice John Roberts, invents “an atextual, ahistorical, and unjustifiable immunity that puts the President above the law.” Their ruling, she went on, makes three moves that she said “completely insulate Presidents from criminal liability.” Sotomayor said the court creates absolute immunity for the president’s exercise of “core constitutional powers,” creates “expansive immunity for all ‘official acts,’” and “declares that evidence concerning acts for which the President is immune can play no role in any criminal prosecution against him.”
the court creates absolute immunity for the president’s exercise of “core constitutional powers
Right here is where she’s losing me. It’s The Constitution. It is very much The Law above all laws. By definition, these acts, as defined in Article II, are immune from prosecution.
Roberts was very clear that the charges against Trump need to be reviewed to determine if they’re “core” official acts or “perimeter” official acts. As I interpreted what Roberts said, there’s no way Trump is getting away with everything.
listen. even if we disregard the fact that lots of legal experts, including the peers of the people who put this ruling in place, believe this is an existential threat to democracy, in practice, the ruling puts the authority for determining what is an official act into the hands of the judiciary. the supreme court is the ultimate authority in making these determinations. its a power grab, plain and simple, which grants the president immunity for “official acts”, and places the authority to determine what is and isn’t an “official act” in the hands of the same people who granted him that immunity.
the fact that Roberts is making vague gestures towards some kind of accountability means less than nothing. considering how Trump is behaving, what he and his crowd seem to believe about the breadth of this decision, we should not assume that a room full of people Trump put into power have any interest in ensuring Trump doesn’t “get away with everything”, and we shouldn’t assume that these people are even nominally interested in telling the truth about their intentions, considering just how much of their personal comfort is guaranteed by the institutions that Trump represents, and how resistant they are to accountability for their extremely well documented lies.
your personal confidence in Trump’s eventual, eternally forthcoming guilt relies on the trustworthiness of liars and the moral fiber of bigots. good luck with that.
My understanding is that a President from founding until now has been afforded immunity from civil lawsuits for official duties, but it was never intended to shield a President against criminal prosecution. That is why Nixon stepped down, because he had crossed that line and was going to be criminally charged/prosecuted.
The court has now taken and re-written the law for Trump, knowing that Biden (or any Dem) President will not abuse this new King power that the Court put themselves in charge of determining what applies and what doesn’t. They have opened Pandora’s box thinking they can control this new power, but if a dictator wants to be a dictator, they will find a way around the Court. This is going to have long term major repercussions for generations.
“declares that evidence concerning acts for which the President is immune can play no role in any criminal prosecution against him.”
To me (as a non-US citizen and outside observer) this seems to be the real problem. Seems to present a catch-22 to me. What am I missing?
You aren’t missing anything. Our Supreme Court is supposed to look at each case and make sure that the law was applied correctly according to the constitution and case law, but has now become an extension of Trump’s legal counsel doing backflips to bend (and inow seems also rewrite) the law to his benefit.
I think this makes sense, it will be interesting to see how it plays out. I don’t agree with some of the things I’ve seen online about having seal team six assassinate political rivals just because one uses the power of the office does not mean it is an official act of the office. That is where courts would decide which is true. Previously they were making the argument for absolute immunity for everything, the Supreme Court said that isn’t the case.
I think there is trepidation because there aren’t precedents yet and this is happening in the context of January 6 and the big lie. I don’t think it ends Trump’s trouble, his speaking to the public that day was on the behalf of DJT, not the president. It gets more murky if someone questions not sending the national guard, was that an official act and just a bad call? The hope would be some sort of reasonable president standard is created but really who knows.
There is absolutely precedent for these exact events. Pick the name of a famous dictator from history out of a hat and they most likely have acquired absolute power through “legal” means.
Yeah, so many arguing that this isn’t a big deal are arguing based on good faith actors. The GoP and the majority of the SC are not good faith actors, so it would be easy to twist things and have the SC go, “Well if you squint, turn your head, and cross your eyes, it fits as an official act”
What legal precedent is there in US courts for deciding if something is official or personal?
I appreciate the few level-headed people observing this historic event.
It’s interesting that a “level-headed” comment is one in which bringing up the murder of a US president’s rival is not an unexpected topic.
If that is the new threshold for level-headed then this world has gone insane.
Bringing it up is not unexpected since that has been some of the online fervor. It isn’t uncommon to talk about what people are saying.
You’re arguing that the world has gone mad, which is true.
The assassination of political rivals by Seal Team 6 is what Trump’s lawyer argued before the Supreme Court. They argued that anything the President orders is an official act, and immunity must apply to it (unless in their bad faith reading of the constitution he was impeached AND convicted by the Senate). But the court also said that if a President is immune, then by this new ruling the Presidents actions cannot be used in court, aka President is above the law without any check in place.
This is really the key device in the ruling. How are we going to let judges decide if their acts were or were not official if he has presumptive immunity for official acts and they aren’t even allowed to bring the evidence to court?! The ruling prevents the very review they are suggesting should happen in any case where the president argues he was discharging his official duties.
The president’s power is still checked via judicial review and congressional impeachment.
Why should anyone believe either of those processes are possible anymore, now that the president has been granted the power to coerce members of both branches through threat of force?
These actions were already possible. Nothing has been granted that wasn’t already there, but now we know a president can’t be sued/charged for official acts after they leave office. And it appears the burden of proof is, as always, up to the prosecutors to prove. So, once again, the courts will have to establish precedence over what they consider to be official and unofficial.
This looks new to me. It becomes hard for prosecutors to prove anything when we can’t ask about motives and the witnesses are ‘privileged advisors’. From the officical court opinion – note it is in paper-format with hyphens. (page 18: https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf):
In dividing official from unofficial conduct, courts may not inquire into the President’s motives. Such an inquiry would risk exposing even the most obvious instances of of- ficial conduct to judicial examination on the mere allegation of improper purpose, thereby intruding on the Article II in- terests that immunity seeks to protect. Indeed, “[i]t would seriously cripple the proper and effective administration of public affairs as entrusted to the executive branch of the government” if “[i]n exercising the functions of his office,” the President was “under an apprehension that the motives that control his official conduct may, at any time, become the subject of inquiry.”
(page 31)
The indictment’s allegations that Trump attempted to pressure the Vice President to take particular acts in connection with his role at the certification pro- ceeding thus involve official conduct, and Trump is at least presump- tively immune from prosecution for such conduct.
This sounds like the status quo that existed before this ruling. Any president could plead the 5th to avoid answering questions about their motive.
No. You plead the 5th once you are in court. This says that when Nixon wanted the FBI to stop investigating the Watergate break-in, we couldn’t ask why because the prez is supposed to talk to the FBI and we can’t question his motives. It says that when Trump asked Pence to hold the vote and bring in fake electors, it was official communication and therefore legal – because we can’t ask why. It says that when Trump wanted false charges of fraud brought up for elections, saying his lawyers would figure out the reasons later, that was OK because he’s officially supposed to investigate fraud. Prior to this, any potential overlap between the Office of President and potential Candidate for Presidency (and/or candidate for future jail term) could be investigated as if it was not Presidential until there was a solid defense as to why it was official. The ruling turns that on its head and says prosecution must first find proof that actions were unofficial – and do so without the ability to ask about motivations – before filing charges. We want the official/unofficial decision to be made with the weight of context and done in court rather than putting prosecutors in the position of ‘illegally’ investigating a President before they can figure out what actually went down.
Please. Of course any president could always do anything, and of course it’s always up to the prosecutor to make a case. Are you really claiming that the Supreme Court setting the precedent that presidents are exempt from criminal liability is not a change? Does the weight of that precedent not make prosecuting presidents vastly more difficult and, apparently, impossible in many important ways? Does that fact not make it much more likely that presidents will commit crimes? You may want that change, but there is no merit to the argument that this decision doesn’t change anything.
How very idealistic and nice of you.
I didn’t say it wasn’t a terrible situation. I truthfully answered the OPs question that it’s not Article 48 as there are still opportunities for review by the other branches of government.
If a POTUS is immune can they be impeached? Or maybe impeached but not removed? As typically if one is immune it means they cannot be charged. If one cannot be charged how can they be impeached/removed?
The republicans have officially made impeachment a purely political performance, just like they’ve treated it for decades.
POTUS is not absolutely immune from acts outside their official core duties as outlined in Article II. They can still be impeached. Impeachment is little more than a review of actions to determine an indictment. Only upon conviction may a president be removed.
Yes, under the constitution, which the Court just put the President above. If the President might be immune then anything the President did is not admissible in court now. So how does the Senate even hold a trial, let alone convict a President when they cannot enter any evidence now?
This decision is written in a bad faith way to get Trump out of being tried, and with the knowledge that Biden will not exploit it and the hope that Trump wins and becomes our new king. The “conservative” Justices can get their “gratuity” and retire living out the rest of their lives taken care of.
Impeachment proceedings are not judicial proceedings; they’re political ones. Both processes use similar language because the process is similar, but they are not connected. Commission of a crime is not required for impeachment proceedings and being impeached by the House and convicted by the Senate conveys no criminal punishment.
the constitution, which the Court just put the President above.
Are you joking?
The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts.
Also,
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Because the legislatures power to impeach and convict isn’t dependent on the judiciary.
Criminal and civil charges are a judicial branch thing. Impeachment is a legislative branch thing. The legislature does not answer to the judiciary, and the judiciary doesn’t have the power to tell the legislature how or when they execute their constitutional authority. Basically the only restriction is that the need some manner of “due process”, or to be basically fair.
There’s the office of the president and the individual who is the president. Both are often called “the president”.
In this case, it was ruled that the individual cannot be criminally charged for doing actions defined as a role of the office in the constitution: constitution says the president can veto bills, so a law saying it’s criminal to do so is unconstitutional.
There are other activities listed, the “official acts” bit, that are to be presumed to be immune unless you can prove otherwise, like the president communicating with the justice department.The ruling didn’t change the ability of the office of the president to be sued or constrained, only delineated when you can legally go after the individual. “Delineated” because this has never been relevant before, so it didn’t matter that we hadn’t answered the question.
It’s a bad ruling not because it makes the president unremovable, but because those “other official acts” are given way too much slack.
Let’s be clear, though: judicial review has no enforcement. Compliance is voluntarily, and it can’t undo assassinations and coups.
And impeachment functionally doesn’t exist. It’s been demonstrated that senators will not impeach a president of their party, regardless of whether they agree with the charges.
