Asklemmy

43916 readers

1422 users here now

A loosely moderated place to ask open-ended questions

Search asklemmy 🔍

If your post meets the following criteria, it's welcome here!

Open-ended question
Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
Not ad nauseam inducing: please make sure it is a question that would be new to most members
An actual topic of discussion

Looking for support?

Looking for a community?

Lemmyverse: community search
sub.rehab: maps old subreddits to fediverse options, marks official as such
!lemmy411@lemmy.ca: a community for finding communities

~Icon~ ~by~ ~@Double_A@discuss.tchncs.de~

founded 5 years ago

MODERATORS

201

What is the functional difference between the President having immunity for “official acts” and the powers granted to the German President under Article 48 of the Weimar Constitution? (lemm.ee)

submitted 4 months ago by BmeBenji@lemm.ee to c/asklemmy@lemmy.ml

59 comments fedilink hide all child comments

For reference: Article 48 Wikipedia I’m trying to understand how anyone with any knowledge of the history of dictators could possibly justify granting a president unchecked “official” power so if anyone has any actual theories I am ALL ears.

you are viewing a single comment's thread
view the rest of the comments

[–] TimLovesTech@badatbeing.social 5 points 4 months ago (2 children)

Yes, under the constitution, which the Court just put the President above. If the President might be immune then anything the President did is not admissible in court now. So how does the Senate even hold a trial, let alone convict a President when they cannot enter any evidence now?

This decision is written in a bad faith way to get Trump out of being tried, and with the knowledge that Biden will not exploit it and the hope that Trump wins and becomes our new king. The "conservative" Justices can get their "gratuity" and retire living out the rest of their lives taken care of.

[–] valaramech@fedia.io 4 points 4 months ago

Impeachment proceedings are not judicial proceedings; they're political ones. Both processes use similar language because the process is similar, but they are not connected. Commission of a crime is not required for impeachment proceedings and being impeached by the House and convicted by the Senate conveys no criminal punishment.

[–] oxjox@lemmy.ml 0 points 4 months ago

the constitution, which the Court just put the President above.

Are you joking?

The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts.

Also,

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.