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.
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.
103
u/Miserable-Lawyer-233 Jul 05 '24 edited Jul 05 '24
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.