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 American former-colonies decided their government must be different. They had just won their independence to set up a new political system. 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, the 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 fundamentally 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 immune from prosecution 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 real kicker is in the grey area between. The Court stated that if anyone wants to prosecute a president, the burden of proof will be on the prosecution to prove that their case poses no "dangers of intrusion on the authority and functions of the Executive BranchThe part of government which is responsible for the overall governance of a state. It executes, or enforces, the law. " - which would be almost impossible to do.¹

The conservative JusticesThe nine members of the Supreme Court are known as justices. One is appointed to be their head, or Chief Justice. who wrote and backed the ruling say it is necessary to prevent political chaos. They say if the president does not have broad immunity they will be constantly looking over their shoulder, fearing that their successor might launch a politically-motivated prosecution against them.²

But opponents say the decision upends the whole US political system. It gives the president powers usually associated with autocratsA leader who is not bound by constitutional norms or checked by other sources of political authority, like a parliament or the judicial system..

For now, this means Donald Trump cannot be prosecuted for asking Justice Department officials to help him overturn the 2020 election. That will stall the criminal cases against him.

But as critics point out, it also means he could not be prosecuted if he had asked them to arrest every single Democratic official in the country. And that is why they fear for the future.

If Trump wins in November, he will take on a presidency with far greater powers than the one he held from 2016 to 2020. In theory, he will be able to commit almost limitless crimes without any accountability.

Liberal Justice Sonia Sotomayor suggested in a dissenting 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..

Trump may already have plans to overhaul the whole US government. They are known as Project 2025A possible agenda for a new Donald Trump presidency drawn up by conservative think tank Heritage Foundation. .

The project involves purging the administration of its current work force and hiring tens of thousands of conservatives in their place so Trump can roll back environmental protections, ban abortions and end LGBTStands for lesbian, gay, bisexual, and transgender. The initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. and women's rights. The Supreme Court has made that much easier.

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 And that president will be the most powerful in history.

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 polarisedSeparated in their views by a great distance, as the North and South Poles are separated geographically. 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 branch unprecedentedly powerful. We should fear the presidency more than any specific president.