this post was submitted on 02 Jul 2024
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[–] SuckMyWang@lemmy.world 21 points 4 months ago* (last edited 4 months ago) (2 children)

So now Biden can do what trump did and not certify the next president using fake electors.

And if he can’t break the law, can’t he illegally introduce a new law that makes all this presidential law breaking illegal?

[–] lolcatnip@reddthat.com 5 points 4 months ago (1 children)

How would he "illegally introduce a new law"? He could issue a decree but it would be meaningless because nothing gives a president the power to make laws.

[–] friend_of_satan@lemmy.world 2 points 4 months ago (1 children)

https://en.m.wikipedia.org/wiki/List_of_United_States_federal_executive_orders

The president can issue executive orders pursuant to a grant of discretion from Congress, or under the inherent powers that office holds to deal with certain matters which have the force of law.

[–] lolcatnip@reddthat.com 2 points 4 months ago* (last edited 4 months ago)

Read more carefully:

The president can issue executive orders pursuant to a grant of discretion from Congress, or under the inherent powers that office holds to deal with certain matters which have the force of law.

Executive orders are limited to exercising powers already granted to the President by Congress or the Constitution. The President cannot just make up new laws. This is basic stuff that should have been explained to you numerous times if you're American.

[–] Furbag@lemmy.world 2 points 4 months ago

Correct. There's absolutely nothing stopping Biden from doing exactly what Trump already tried and failed to do. He could put pressure on Governors to "find x number of votes", submit a fake slate of electors to cast doubt on the results, outright threaten people if they don't comply with his wishes. I'm sure this SCOTUS will find a way to interpret any of Biden's would-be illegal actions as actually illegal, but tiptoe around Trump's sedition and fraud.

I can't believe that the prevailing opinion of the times is that the president can literally break the law, even ones specifically meant to bind them and only them such as campaign finance laws, and be immune from consequences under almost any circumstance as long as the court says it's official. Congress effectively can no longer act as a check against the Executive. Only the Judicial can say what is official or unofficial.

This isn't power anyone should have.