Has the Supreme Court put him above the law? While the world is reeling from his attempted assassination on Saturday, many are still in shock from the ruling early this month that implies a US president can commit crimes with impunity. Some say it is the end of democracy.
Trump dictatorship is inevitable experts warn
Has the Supreme Court put him above the law? While the world is reeling from his attempted assassination on Saturday, many are still in shock from the ruling early this month that implies a US president can commit crimes with impunity. Some say it is the end of democracy.
For most of history, the world was ruled by kings. What marked out a king was that no matter what they did, they could never be brought to trial or removed from office.
But in 1787, 13 newly-independent US states decided their own government must be different. If their head of stateThe public person who officially represents the unity and legitimacy of a state., the president, committed crimes, they must be put on trial, same as anyone else.
That ended on 1 July, as the Supreme CourtThe highest court within the hierarchy of courts in most legal jurisdictions. issued a decision that critics say has fundamentallyAt its core or basic nature. changed the US ConstitutionThe fundamental law of the U.S. federal system of government and a landmark document of the Western world..
The Court ruled that the president is immuneAble to avoid particular infection. from prosecutionTo officially accuse someone in court of having taken part in a crime. for any action they take as part of their official capacities.
They would not be immune for actions they took outside their presidential duties. But the Court says it should always be assumed the president is immune until proven otherwise.1
The Court said if the president does not have broad immunity their successor might launch a politically-motivated prosecution against them.2
But opponents say the decision upends the whole US political system.
If Donald Trump wins in November, he will take on a presidency with far greater powers than the one he held from 2016 to 2020.
Liberal Justice Sonia Sotomayor suggested in a dissentingNot agreeing with. opinion that a president who ordered the military to assassinate a political opponent would be immune from prosecution, because they would be acting in an official capacity. The same would apply if they took bribes for pardons or even organised a military coupWhen an individual or group takes control of government by illegal means, including by violence..
But others think the problem is bigger than Trump. The power of the US executive has been expanding for decades, aided by successive Supreme Courts.
Former Trump adviser Steve BannonA former chief strategist for the White House during Donald Trump's term. says Trump is only the first step. He is paving the way for a president who is even more hardline than Trump.5
Has the Supreme Court put him above the law?
Yes: All Trump has to do now is preface any order with "As President, I command you to..." and he can do whatever he likes: cancel elections, interfere with the law, even murder opponents. He will be a dictator.
No: We are living in a divided age. Any president might be tempted to go after their predecessor for their actions in office. This simply ensures they will be able to do their duty without fear.
Or... This is not about Trump. This is just one step in a longer process that has made the executive branchThe part of government which is responsible for the overall governance of a state. It executes, or enforces, the law. unprecedentedly powerful. We should fear the presidency more than any specific president.
Keywords
Head of State - The public person who officially represents the unity and legitimacy of a state.
Supreme Court - The highest court within the hierarchy of courts in most legal jurisdictions.
Fundamentally - At its core or basic nature.
US constitution - The fundamental law of the U.S. federal system of government and a landmark document of the Western world.
Immune - Able to avoid particular infection.
Prosecution - To officially accuse someone in court of having taken part in a crime.
Dissenting - Not agreeing with.
Coup - When an individual or group takes control of government by illegal means, including by violence.
Steve Bannon - A former chief strategist for the White House during Donald Trump's term.
Executive branch - The part of government which is responsible for the overall governance of a state. It executes, or enforces, the law.
Trump dictatorship is inevitable experts warn
Glossary
Head of State - The public person who officially represents the unity and legitimacy of a state.
Supreme Court - The highest court within the hierarchy of courts in most legal jurisdictions.
Fundamentally - At its core or basic nature.
US constitution - The fundamental law of the U.S. federal system of government and a landmark document of the Western world.
Immune - Able to avoid particular infection.
Prosecution - To officially accuse someone in court of having taken part in a crime.
Dissenting - Not agreeing with.
Coup - When an individual or group takes control of government by illegal means, including by violence.
Steve Bannon - A former chief strategist for the White House during Donald Trump's term.
Executive branch - The part of government which is responsible for the overall governance of a state. It executes, or enforces, the law.