Wednesday, July 3, 2024

Supreme Court undermines the Constitution

  

The US Supreme Court has decided that a president i.e Trump, has partial immunity and can not be judged and punished for official acts committed during his or her presidency.

 

As Biden has stated, America is not a monarchy. Yet. A century from now it will be, if our civilisation follows the path taken by earlier ones. It is unlikely that the title will be “King” or “Emperor”. A more likely title will sound like a continuation of the republic, probably “President” with a magnifying or glorifying epithet. The leader with this title will not only enjoy criminal immunity, but have absolute power.

 

Therefore the decision from Supreme Court is well ahead of its time. After some decades a such decision will be adequate, because then politics per se will be replaced by the will to personal power. Then, one person will be able to unite and represent the whole nation and even a large part of the World.

 

But at the present time granting of immunity is extremely premature. It can only contribute to the division and polarisation of politics and people in America. As always, power shifts between the parties. But because of the polarisation, the ensuing alternating political decisions and implementations from the two sides will become more and more diametrically opposite and irreconcilable. These attempts to radically turn the country 180 degrees around with every shift of power will cause chaos and tear the nation apart. Like in the precedence set by Donald Trump, a ruling party or president can be tempted to do whatever to prevent the opposite side from being elected, and if elected, from seizing power. This both to avoid the radical change of policies which would follow, and simply to stay in power.

 

The politicians and presidents will employ ruthless and even unlawful means to enforce their policies and to achieve and conserve their power. The ruling by the Supreme Court giving immunity for official acts removes a boundary for abusive and criminal behaviours used by the political parties and their leaders. By facilitating such behaviours the Court increases the strain on the Constitution. The time when this finally fails is now approaching even faster.

 

In fact immunity for presidents is so radically new that it can be seen as an amendment to the Constitution. The decision from Supreme Court, nominally the protector of the Constitution, clearly violates the spirit of it, yes it violates the spirit of all democratic constitutions since the Age of Enlightenment, i.e. in our modernity. Thereby it points to a future with absolute rulers after the final breakdown of pluralism, public debate and shared rule. But we are certainly not there yet.

 

 


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