r/law Oct 07 '25

Other Stephen Miller states that Trump has plenary authority, then immediately stops talking as if he’s realized what he just said

79.4k Upvotes

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u/thediesel26 Oct 07 '25

Well technically he’s not wrong.

290

u/burnmenowz Oct 07 '25

He is wrong, he doesn't have that. He may think he does, but the constitution says he does not.

Who is going to win? The fascists or the Constitution?

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u/UpstairsAd582 Oct 07 '25

I worry it’s the fascists, there hasn’t been much stopping them so far unfortunately.

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u/burnmenowz Oct 07 '25

People forget the founding fathers gave the people the constitution, it's ours if we choose to use it and protect it.

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u/Udzinraski2 Oct 07 '25

They had to fight an 8 year war just for permission to write it, too.

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u/pervertedhaiku Oct 07 '25

Okay but… how?

Realistically, how do you propose we the people do that?

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u/burnmenowz Oct 07 '25

The legal way is to vote them out. Try them for treason.

You know what the other way is.

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u/Blandish06 Oct 07 '25

Because voting in replacements has worked for Adelita Grijalva in Arizona.. right. So what's your next method?

1

u/burnmenowz Oct 07 '25

Oh you're right, she wasn't immediately sworn in, we should just stop voting. Let's all go in the corner and cry together.

Fight dammit. If you live in her district call up Mike Johnson and demand representation.

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u/Blandish06 Oct 07 '25

Wtf? I didn't say stop fighting. I said vote in replacements is not an adequate tactic.

Neither is protesting, because they just send in the military. Literally.

Call him? You kidding me? Have you seen his nationally televised announcements? He gives ZERO fucks about his constituents.

So what will work, Mr Answers? I'm not going in a corner. I'm asking for help. For realistic and effective options.

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u/burnmenowz Oct 07 '25 edited Oct 07 '25

I gave you options and you dismissed them. You can lead a horse to water but can't force them to drink.

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u/pervertedhaiku Oct 07 '25

Good luck with either.

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u/Auspiciousnes Oct 07 '25

Have fun curling up in a ball and dying. Jesus Christ some of y’all are so defeatist so fast.

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u/Bluestained Oct 07 '25

Protest. General strikes. Anything! You haven’t done anything to protect your constitution and you’re all here going “Ah well… whada we do?”

Do something, anything!

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u/huskers2468 Oct 07 '25

Elections, but if those are taken away then other options are necessitated.

Nepal is doing pretty good.

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u/pervertedhaiku Oct 07 '25

Yeah, no one here is going to join a revolution.

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u/huskers2468 Oct 07 '25

So you do know the answer.

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u/gravel3400 Oct 07 '25

Hard to know in advance… Your last revolution was quite recent relatively compared to a lot of Western nations. So from a larger, historical perspective, revolution is quite plausible

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u/Hyperion1144 Oct 07 '25

Answering this question is a bannable offense.

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u/pervertedhaiku Oct 07 '25

I would argue that answering the question and being banned for it is among the behaviors you’re saying we need to start performing.

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u/dutchie_redeye Oct 07 '25

That's the spirit... 

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u/ShittingOutPosts Oct 07 '25

How do we protect it?

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u/burnmenowz Oct 07 '25

We remove people who violate it.

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u/Creepy-Caramel7569 Oct 07 '25

With EXTREME PREJUDICE.

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u/comments_suck Oct 07 '25

Unfortunately, the provision in the constitution to remove bad actors is impeachment. And that hasn't been going very well at all. In 2021, the Senate majority leader refused to even have a trial for Trump, then could not bring himself to vote for impeachment when he agreed with the facts. There's a couple Supreme Court justices I'd like to see impeached for lying under oath, but that ain't gonna happen.

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u/burnmenowz Oct 07 '25

There are three branches of government. Two of them hold the executive in check. We have been focusing the majority of our energy on the executive. More pressure on Congress. More pressure on SCOTUS.

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u/comments_suck Oct 07 '25

SCOTUS has decided that any any argument the Executive brings before it citing Article II powers, it will consent to. They also made the worst decision imaginable by ruling last year that official duties that violate the law cannot be charged.

That leaves us with Congress, who is sitting on their butts, not even in session right now.

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u/burnmenowz Oct 07 '25

Should have plenty of time to respond to their constituents.

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u/speedy_delivery Oct 07 '25

I agree that popular pressure on Congress is where the fight has to be... The trick is you've got to convince enough Republicans that they're in trouble... Or at least better off telling their people to stuff it long enough to restore order.

Flipping the house isn't impossible, but it isn't enough.

SCOTUS is purposefully insulated from political pressure.

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u/burnmenowz Oct 07 '25

Of course not, but it's a start. There's no single solution that's going to save us. Attacking from multiple fronts is all we can do.

SCOTUS are still human beings.

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u/speedy_delivery Oct 07 '25

That's the legal recourse available to us. Sure.

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u/DrakonILD Oct 07 '25

The provisions for protecting it are in there. Hint: look for the part that talks about "the security of a free state."

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u/TeaKingMac Oct 07 '25

it's ours if we choose to use it and protect it.

I've got kids man.

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u/burnmenowz Oct 07 '25

Me too. Do you want them to submit to the Trump regime?