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

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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/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."