Supreme Court Renders Constitution Unconstitutional: Glenn Interviews Constitutional Law Prof Kim Wehle
Jul 25, 2024
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Guest Kim Wehle, a law professor and constitutional law expert, discusses the Supreme Court ruling parts of the Constitution unconstitutional. They delve into the impact on government accountability, presidential powers, and the prosecution of former presidents, highlighting the precarious state of the rule of law in America today.
The Supreme Court's decision implies unchecked power in one branch, undermining government accountability.
Legal experts criticize the Court for granting the president immunity, challenging the Constitution's checks and balances.
Deep dives
Revision of Government Powers
The Supreme Court's recent opinion in the case of Trump versus United States has sparked discussions about a significant revision of government powers. The Court's decision implies that a branch of government now possesses the authority to engage in official crimes using federal powers without facing accountability through the criminal justice system. This development challenges the foundational concept of government by We the People under the United States Constitution, raising concerns about the potential concentration of unchecked power in a single branch.
Constitutional Amendments by the Supreme Court
Legal experts have expressed alarm over the Supreme Court's perceived actions as a quasi-constitutional amendment. By allowing the president immunity for actions deemed presidential, even when involving criminal conduct, the Court has been accused of undermining the checks and balances established within the Constitution. The removal of provisions related to post-impeachment prosecution from the Constitution has been highlighted as a significant departure from the framers' original intent.
Presumptive Immunity and Judicial Oversight
The Supreme Court's establishment of presumptive immunity for the president in official capacities has raised concerns about the difficulty of holding presidents accountable for potential criminal activities. Prosecutors now face a high evidentiary burden to prove unofficial conduct, emphasizing the challenges in challenging presidential actions that may be deemed criminal. Additionally, the Court's decision has been criticized for granting expansive powers to the president and limiting judicial oversight, potentially hindering efforts to uphold the rule of law and maintain checks and balances.
In the case of Trump v. United States, the Supreme Court quite literally ruled that portions of our Constitution are unconstitutional. This is a gross abuse of judicial power by six Supreme Court justices. Kim Wehle is a law professor, a constitutional law and separation of powers expert, an ABC News legal analyst, a former federal prosecutor, and the author of three books (links below). She also has a fourth book set to be released on September 2nd that could not be more timely: "Pardon Power: How The Pardon System Works - And Why." This podcast is part 1 of our 3-part conversation about the precarious and dangerous state of the rule of law in today's America.
To pre-order Pardon Power: How The Pardon System Works―And Why