President Joe Biden, in his mission to uphold the rule of law and boost public trust in a crucial democratic institution, has recently proposed a three-pronged plan aimed at reforming the Supreme Court and reinforcing the hard-hitting principle that no president sits above the law.
The July 1 decision made by the Supreme Court, favoring the general immunity of presidents from criminal prosecution for actions taken while in office, has ignited public concerns. Advocates for a robust democratic system decry this ruling, arguing it paves the road for unchecked presidential power. With virtually no constraints, a president could fuel societal discord with no legal repercussions, dealing a blow to the principle of accountability ingrained in the nation’s fabric since its inception.
Further undermining public faith in the fairness and independence of the Supreme Court are the swirling scandals currently surrounding several justices. Gifts from parties with a vested interest in Supreme Court decisions and potential conflicts of interest tied to those involved in the unpleasant happenings of January 6, 2021, have ignited discussions on the court’s impartiality and objectivity.
Directed towards rectifying the current situation, President Biden’s first reform proposal involves the enactment of a constitutional amendment clearly stating that no immunity shall exist for crimes committed by a former president during his term. The proposed “No One Is Above the Law Amendment” reasserts the founding vision of a country governed by laws rather than by individuals wielding absolute power.
The second part of Biden’s reform touches upon the application of term limits for Supreme Court justices, mirroring the limits implemented for the president 75 years ago. Instituting regular, rather than lifetime, appointments to the Supreme Court would make nomination timing more predictable and guard against the drastic change of the court’s composition. The suggested system entails appointing a justice every two years to serve an 18-year term.
The third part focuses on creating a binding code of conduct for the Supreme Court, which would mandate justices’ disclosure of gifts, their abstention from public political activity, and recusal from cases in cases of personal or financial conflicts of interest. This initiative aims to enhance the court’s integrity, institutional confidence, and decision-making credibility.
Informing these proposals was the stellar analysis conducted by the bipartisan Presidential Commission on the Supreme Court of the United States. With considerable backing from the American public and legal scholars – both conservative and liberal – these proposed reforms hold the potential to curtail any misuse of presidential power, reinvigorate public faith in the Supreme Court, and underline the democratic maxim that no one in America is above the law.
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