News
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
view the rest of the comments
I mean, they have to sign some paperwork to make it an official act, but otherwise what's the difference? They don't have to arrest anyone according to this ruling, if I'm reading this correctly. Sure, us normal citizens probably do, but according to the court, presidents don't have to follow the law if it's an official act. That's kind of the basis of the dissent. It separates the rules we follow and our leaders have to follow.
You might want to reread the syllabus of the opinion. They differentiate between actions that may be official and ones that can't. About halfway down pg 4.
The Constitution is the highest law of the land. If it explicitly says the president can do something any law stopping him from doing that would be unconditional and voided, at least as applied.
Otherwise it would be like they amended the Constitution without going through the correct process.
The syllabus only says that SCOTUS can't decide the line between official and unofficial acts because it's a court of final review, and they offered a list of guidance to lower courts who they charged with making the distinction. They point to pp 16-32 for more detail on that guidance.
The guidance says:
Courts cannot consider motive
An act is not unofficial simply because it violates a law
Courts cannot consider negotiations with DoJ
Courts cannot consider negotiations with or influence of the VP if the VP is serving an executive branch function, but may consider influence of the VP if the VP is serving a legislative branch function (i.e. supervising the Senate)
Engagement with private parties is not an official act
Public communication of the person serving in the role of President is official, but public communication of the President serving in another role is not
Prosecutors cannot use a jury to indirectly infringe on immunity unless a judge has already ruled that immunity does not exist
So again, if a President sends a branch of the military to a) assassinate a terrorist or b) recover national security secrets, none of the allowable court considerations above come into play. Nor do they if the assassinated individual is a SCOTUS justice or a political rival. The executive branch and military are the only entities involved, no public communication happens, murder is OK if it's done in an official capacity, and planning records are inadmissible. A prosecutor would have no authority to bring a case, and a court would have no precedent to allow consideration of the charge even if they were brought.
That's a loophole the size of the Hoover Dam.
Thanks I'll take a look a closer look at that section. I'm looking for any hope right now lol.