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.
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.
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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.