So just to be clear. The EPA cannot make regulations despite full congressional authority to do so because that is “creating law” without a direct legislative process. But ICE, an agency that doesn’t even have real law enforcement powers, can just ignore the fourth amendment entirely because the president said so?
Which by DEFINITION, would not include Un-Constitutional behavior. No violation of the Constitution could ever be construed as an “Official Act.”
No SCOTUS had ever put guardrails on the president in almost 250 years, but this SCOTUS reinforced that he has immunity for “Official Acts,” and nobody realizes that they just put guardrails on the presidency for the first time.
Everybody thinks it gives him immunity for EVERYTHING while he is president, but they specifically said “Official Acts,” which would be those outlined in the Constitution. Anything deemed Un-Constitutional, would not be an “Official Act,” and he would not have immunity, just like any other citizen.
Guardrails? I think you should re-read their decision again. They gave him protection because until now even official acts didn’t necessarily protect the president. And now, it doesn’t matter what illegal thing he does as long as it’s part of an official act. ANYTHING. Because as long as it’s part of an official act they can’t even question it. And they didn’t even provide a list of what constitutes an official act.
So they literally put the president above all laws provided he can tie it back to some vague notion of an official act.
EPA could absolutely just ignore the law when making regulations. It wouldn’t even need any congressional authority. It just makes the law and when someone sues them, the judge says “nah, it’s okay with me” and that’s it.
So just to be clear. The EPA cannot make regulations despite full congressional authority to do so because that is “creating law” without a direct legislative process. But ICE, an agency that doesn’t even have real law enforcement powers, can just ignore the fourth amendment entirely because the president said so?
“Official acts.”
Which by DEFINITION, would not include Un-Constitutional behavior. No violation of the Constitution could ever be construed as an “Official Act.”
No SCOTUS had ever put guardrails on the president in almost 250 years, but this SCOTUS reinforced that he has immunity for “Official Acts,” and nobody realizes that they just put guardrails on the presidency for the first time.
Everybody thinks it gives him immunity for EVERYTHING while he is president, but they specifically said “Official Acts,” which would be those outlined in the Constitution. Anything deemed Un-Constitutional, would not be an “Official Act,” and he would not have immunity, just like any other citizen.
Be sure to cite that when they’re breaking down your door without a warrant because you posted a meme of Trump online
Guardrails? I think you should re-read their decision again. They gave him protection because until now even official acts didn’t necessarily protect the president. And now, it doesn’t matter what illegal thing he does as long as it’s part of an official act. ANYTHING. Because as long as it’s part of an official act they can’t even question it. And they didn’t even provide a list of what constitutes an official act.
So they literally put the president above all laws provided he can tie it back to some vague notion of an official act.
The answer to that is, legally no. However, that doesn’t stop them from doing it illegally.
Cavanaugh said it’s OK
EPA could absolutely just ignore the law when making regulations. It wouldn’t even need any congressional authority. It just makes the law and when someone sues them, the judge says “nah, it’s okay with me” and that’s it.