I have been taught my entire life by my parents, community leaders, teachers, professors, and lawyers that no one is above the law in our country. I believed and taught this for almost 40 years at the university level. As of yesterday (July 1), this is no longer true. I read and reread the majority, concurring, and dissenting opinions in Trump v. US. Justice Roberts, writing for the six activist conservative justices, ruled that the President may not be prosecuted for alleged criminal activity in the exercise of his official duties or his core constitutional powers, and he is entitled to at least reasonable immunity from prosecution for his official acts. He can only be prosecuted for criminal activity in actions outside his official role as President. The author of the decision set few standards to determine whether a President is acting within his official duties, although the DOJ is specifically mentioned as falling within his official actions. The ruling effectively destroys the post-Watergate independence of the DOJ from the president and allows the president to "weaponize" the DOJ without fear of criminal prosecution. This ruling is consistent with an expansive view of presidential power known as the unitary executive theory.
Justice Sonia Sotomayor, in her dissent, states “The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution...” She notes that the decision "reshapes the institution of the presidency" and “makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law,"
In my own understanding, this is a dramatic and dangerous increase in presidential power, and I agree with those in dissent. I fear its use by future presidents of both parties and its terribly corrosive impact on our democratic government. In two days, we will celebrate the day we declared ourselves independent and rejected the rule by a King who was above the law. Think about that when you are grilling your hot dogs and burgers. But do not take my word for it, I urge all of you to read carefully the Supreme Court decision (majority, concurring, and dissenting). Make up your own mind after reading the texts. They are relatively short readings, a little more than 100 pages in total. See the link below.
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