Ask Lemmy
A Fediverse community for open-ended, thought provoking questions
Please don't post about US Politics. If you need to do this, try [email protected]
Rules: (interactive)
1) Be nice and; have fun
Doxxing, trolling, sealioning, racism, and toxicity are not welcomed in AskLemmy. Remember what your mother said: if you can't say something nice, don't say anything at all. In addition, the site-wide Lemmy.world terms of service also apply here. Please familiarize yourself with them
2) All posts must end with a '?'
This is sort of like Jeopardy. Please phrase all post titles in the form of a proper question ending with ?
3) No spam
Please do not flood the community with nonsense. Actual suspected spammers will be banned on site. No astroturfing.
4) NSFW is okay, within reason
Just remember to tag posts with either a content warning or a [NSFW] tag. Overtly sexual posts are not allowed, please direct them to either [email protected] or [email protected].
NSFW comments should be restricted to posts tagged [NSFW].
5) This is not a support community.
It is not a place for 'how do I?', type questions.
If you have any questions regarding the site itself or would like to report a community, please direct them to Lemmy.world Support or email [email protected]. For other questions check our partnered communities list, or use the search function.
Reminder: The terms of service apply here too.
Partnered Communities:
Logo design credit goes to: tubbadu
view the rest of the comments
Soldiers swear an oath to the Constitution to not commit illegal orders, regardless of who orders them.
The issue is that the president cant issue illegal orders anymore. Since hes the commander in chief of the military, his orders are an "official act," i.e constitutional.
The supreme court has said that the president can order military executions of anyone at all and the military can no longer legally refuse. The above is constitutional, because the people who decide what is constitutional said it is.
SCOTUS still decides what is or isn't an official act.
SCOTUS can decline any case silently, with no justification. They can decide to not decide, ceding all power to the new American king if they like.
The military now have to murder americans if the the president says so, because he said so. That core check on tyranny, the military's ability to refuse an unlawful order, was wiped away by this supreme court.
If they declined to hear it, the decision would be in the hands of whatever court the appeal came from.
This is a good point. So the main stalls the supreme court has are to take the case and issue the opinion on the last possible day of the term like this one, and then find that whatever it was fell onto the broad immunity.