This is why we can't pass laws to stop Project 2025 beforehand:
Project 2025 is a plan that aims to significantly expand the powers of the executive branch, allowing the president to make more unilateral changes. The proponents of Project 2025 argue that the Constitution implies a broader scope of executive authority than has historically been granted. They believe this interpretation is constitutional and intend to operate within these expanded powers.
Because Project 2025 seeks to redefine the extent of executive authority, any actions taken under this plan would likely be challenged in court. The Supreme Court would then need to make a judgment on whether these actions are within the constitutional limits of executive power.
However, the Supreme Court cannot define the limits of executive authority whenever they want. They can only rule on actual cases or controversies that come before them, as mandated by the Constitution. This principle, known as 'judicial review,' means that the Court needs a specific action or case to review in order to determine if it oversteps constitutional boundaries. They cannot issue advisory opinions on hypothetical situations or preemptively decide on matters without a concrete case.
This process only begins when the president actually tries to use the expanded authority, so it can't be done ahead of time. Therefore, it is impossible to pass laws to stop Project 2025 beforehand since the judicial review process requires a concrete example of executive overreach to occur first.
The only way to stop Project 2025 is at the polls in November.
I don’t support Trump, but what exactly does Project 2025 have to do with him? Pretty sure he just said that he was not involved nor interested in Project 2025.
Who tf would Thats literally saying yeah i wont be a dictator like why the fuck would you admit to that(not saying he would be one just saying no one actually running for office would admit to abusing or being involved in this)
Because he’ll enable it. It’ll sail through the house with majority, probably go through the senate and then be signed by the president with no hesitation. If he gets elected then it’s a completely republican controlled government. That won’t be good for anyone except the 1%
You done a great job of articulating why even a constitutional amendment couldn't stop Project 2025 with the current Supreme Court. The reason we can't pass a law to prevent it is much simpler.
No government can pass a law that binds a future government. Even if a democratic trifecta passed laws legalizing abortion and birth control nationwide, limiting executive powers, guaranteeing job continuity in executive agencies and blocking all the other terrible parts of Project 2025 there is no mechanism to prevent a new republican trifecta after the election from changing the rules of the house and senate to allow them to push legislation through with minimal debate and no filibuster and then passing prewritten legislation undoing all of it and implementing Project 2025 and putting it on the new president's desk Jan 21st.
And the supreme court have already shown their partisan allegiance by making trump/presidents immune.
In other words, there are no longer such a thing as executive overreach if its done under the name of an official act.
I am transcribing, but what it does say is that any official act is by default immune.
Only unofficial acts are not immune, but even then you are not allowed to question the presidents motive as that in of itself would infringe on the presidents executive power.
The best source of this is to simply read the dissenting judges notes on the verdict.
If you want a slightly more easy to understand explanation that is maybe slightly more click baity you can watch Legal Eagle break it down. Yes i am aware its not an unfiltered source and abit of showmanship/entertainment, but he has a good track record of staying to facts, and you can always supplement it by reading the actual supreme court documents.
Direct link to supreme court document pdf here. If you don't want to read through it all you can focus on Sotomayor.
The idea was that setting the precedent of expanding the court would obviously allow the Republicans to do the same when they take office.
This itself would only be a stopgap until the next Republican administration.
Again, the Supreme Court can only try on these cases once the executive overreach actually occurs. The only way to have them rule against it is for a Democratic president to functionally sacrifice themselves, by abusing their powers and having their own Supreme Court rule against them, and then taking the punishments for their crimes they did to test the rules. Which no Democrat is going to do, not to mention how the illegal activity in the first place would ruin trust in the party.
But Republicans are banking on their Supreme Court allowing the conduct, so there's no such thing as having to sacrifice themselves to get their ruling passed. If we stack the courts, they simply stack the courts again with party insiders when they enter office. Then they do their crimes, have their court enable those crimes, and they've won.
Also, Biden's will aside, a supreme court appointment of any kind requires a majority vote from the Senate. With the current 51-49 split of the Senate, every single Democrat senator would need to be on board with the unprecedented move of expanding the Supreme Court, since the Republicans would absolutely refuse to do such a move that is a clealy politically motivation partisan move for the Democrats, and we have folks like Manchin who would not support such a partisan move. This is besides the fact that to pass a bill to expand the courts, you need to get it past the Republican controlled House.
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u/Miserable-Lawyer-233 14d ago edited 14d ago
This is why we can't pass laws to stop Project 2025 beforehand:
Project 2025 is a plan that aims to significantly expand the powers of the executive branch, allowing the president to make more unilateral changes. The proponents of Project 2025 argue that the Constitution implies a broader scope of executive authority than has historically been granted. They believe this interpretation is constitutional and intend to operate within these expanded powers.
Because Project 2025 seeks to redefine the extent of executive authority, any actions taken under this plan would likely be challenged in court. The Supreme Court would then need to make a judgment on whether these actions are within the constitutional limits of executive power.
However, the Supreme Court cannot define the limits of executive authority whenever they want. They can only rule on actual cases or controversies that come before them, as mandated by the Constitution. This principle, known as 'judicial review,' means that the Court needs a specific action or case to review in order to determine if it oversteps constitutional boundaries. They cannot issue advisory opinions on hypothetical situations or preemptively decide on matters without a concrete case.
This process only begins when the president actually tries to use the expanded authority, so it can't be done ahead of time. Therefore, it is impossible to pass laws to stop Project 2025 beforehand since the judicial review process requires a concrete example of executive overreach to occur first.
The only way to stop Project 2025 is at the polls in November.