A Bloated Bureaucracy and an Inclusive Supreme Court Discussion
A Bloated Bureaucracy and an Inclusive Supreme Court Discussion
Option 1: How does the bureaucracy affect your life and freedom as an ordinary citizen? In what ways does it hinder or help your life? Do you see the bureaucracy as an effective aspect in your life, or do you see issues with the bureaucracy as it stands? Why/why not? List one issue you would change concerning the bureaucracy and how you would remedy the issue. A Bloated Bureaucracy and an Inclusive Supreme Court Discussion
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Option 2: Identify a recent decision by the U.S. Supreme Court and discuss the nature of the case and the basis of the argument the Supreme Court used to reach the decision. Explain why you agree or disagree with the ruling?
Option 2: Identify a recent decision by the U.S. Supreme Court and discuss the nature of the case and the basis of the argument the Supreme Court used to reach the decision.
The US Supreme Court ruled that the president is entitled to some immunity from prosecution. This decision was presented on 1 July 2024 in the case of Trump versus the United States (23-939). In making the decision, the majority argued that a president cannot be prosecuted for actions undertaken within the constitutional powers of the president’s office. In the decision presented by Chief Justice John Roberts, the ruling of 6-3 argued that President Trump was immune from federal criminal charges involving his efforts to overturn his election loss to President Joe Biden in 2020. The court concluded that under the US constitutional structure of separated powers, the nature of the presidential power requires that a president be immune from being criminally prosecuted for official acts conducted during tenure in office, arguing that a president must be able to execute duties of the office fairly and fearlessly without the threat of being prosecuted. This implies that the president has absolute immunity for acts done while in office. The opinion of the three dissenting Supreme Court judges was that no constitutional text supports presidential immunity, noting that the impeachment judgment clause in the constitution anticipated that the president might be subject to prosecution for acts done while in office (US Supreme Court, 2024)A Bloated Bureaucracy and an Inclusive Supreme Court Discussion.
Explain why you agree or disagree with the ruling?
I disagree with the ruling because it gives the president robust powers and is not supported by the Constitution. As the dissenting justices noted, no constitutional text gives the president immunity from prosecution. In addition, the Constitution has an impeachment clause that anticipates the possibility of prosecuting the president. The Supreme Court’s decision gives the president broad authority and powers, presenting a more powerful executive that may not be accountable. This enhances the president’s and the court’s powers while weakening the legislative arm. It has implications for American democracy as it places the president in a system of justice different from that of other Americans (Farber, 2021)A Bloated Bureaucracy and an Inclusive Supreme Court Discussion.
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References
Farber, D. A. (2021). Contested Ground: How to Understand the Limits of Presidential Power. University of California Press.
US Supreme Court (2024). Trump. United States. https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf A Bloated Bureaucracy and an Inclusive Supreme Court Discussion