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Biden emphasizes the potential dangers of unchecked presidential power, referencing the events of January 6, 2021, as a stark example of what could happen without legal repercussions for presidential misconduct. He argues that the current legal framework fails to hold presidents accountable, potentially leading to catastrophic outcomes.
Biden’s op-ed also criticizes the Supreme Court for various scandals and conflicts of interest involving its justices. He describes these issues as a significant threat to the court’s credibility and the public’s trust in its decisions:
“On top of dangerous and extreme decisions that overturn settled legal precedents — including Roe v. Wade — the court is mired in a crisis of ethics. Scandals involving several justices have caused the public to question the court’s fairness and independence, which are essential to faithfully carrying out its mission of equal justice under the law.”
The President points to undisclosed gifts to justices and conflicts of interest related to the January 6 insurrection as prime examples of these ethical breaches, arguing that such incidents undermine the court’s integrity and the public’s confidence in its rulings.
To address these issues, Biden outlines a three-step plan aimed at restoring trust and accountability in the judiciary. His first proposal is a constitutional amendment to overturn the Supreme Court’s recent decision on presidential immunity. He aptly names this amendment the “No One Is Above the Law Amendment,” asserting that it will ensure former presidents can be held accountable for crimes committed while in office.
Carry 46 rounds concealed? (comfortably)
Biden writes:
“First, I am calling for a constitutional amendment called the No One Is Above the Law Amendment. It would make clear that there is no immunity for crimes a former president committed while in office. I share our Founders’ belief that the president’s power is limited, not absolute. We are a nation of laws — not of kings or dictators.”
The second part of Biden’s plan involves implementing term limits for Supreme Court Justices. He proposes a system where the President appoints a justice every two years, with each justice serving an 18-year term. Biden argues that this change would ensure a regular turnover of court membership, preventing any single presidency from having a disproportionate impact on the court’s composition.
“Second, we have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court.”
Biden believes that such a system would make the timing of court nominations more predictable and less arbitrary, reducing the chances of prolonged partisan battles over Supreme Court appointments.
The final component of Biden’s reform plan is the introduction of a binding code of ethics for Supreme Court Justices. This proposal is seemingly aimed at Justice Clarence Thomas, who has faced allegations of receiving undisclosed gifts. Biden argues that a strict code of conduct is necessary to ensure the impartiality and integrity of the court.
“Third, I’m calling for a binding code of conduct for the Supreme Court. This is common sense. The court’s current voluntary ethics code is weak and self-enforced.”
Biden insists that justices should be required to disclose gifts, refrain from public political activities, and recuse themselves from cases where they have conflicts of interest, aligning the Supreme Court with the ethical standards applied to other federal judges.
It’s crucial to note that the first two parts of Biden’s plan would necessitate amendments to the U.S. Constitution, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of the state legislatures. The third proposal, involving a code of ethics, could be implemented through congressional legislation alone.
Biden’s bold reform agenda represents a significant shift in the balance of power within the U.S. government. By targeting presidential immunity and Supreme Court ethics, he aims to restore public trust in America’s democratic institutions. However, the path to implementing these changes is fraught with political and constitutional challenges, setting the stage for a heated debate in the months to come.
