Comment on Why democrats under Biden administration didn't release Epstein files?

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wjrii@lemmy.world ⁨5⁩ ⁨days⁩ ago

One of the recurring themes I keep coming back to in all this is that the US has a uniquely bad situation with regard to its Constitution. We worship it as an infallible and complete guide to running a democratic republic, but really it’s extremely old, extremely vague, and depends on goodwill and sensible interpretation to function. We have neither the explicit understanding that everything is old AF and cobbled together and dependent upon custom and moderating tyrannical sensibilities like the British, nor the unwieldy but straightforward comprehensiveness of EU treaties and certain other lengthy modern written constitutions.

To me, him just telling Pamela Bondi what to do in such a delicate matter feels just wrong, as in lacking the due seriousness on the matter, utterly sloppy and populist in a bad manner.

This feeling you have is exactly how presidents of either party would have felt for the last 80-100 years. The idea of a largely independent Department of Justice was considered eminently sensible and moral and even to the realpolitik set it provided outer bounds of what was politically possible and so they would nudge and tug at the edges, but never blow right past it, lest they suffer Nixon’s fate. I think we make a mistake to say that Trump is stupid in a binary yes/no sense, but he is deeply uncurious about things that donm’t interest him, so when people tell him “The Constitution doesn’t actually say that,” his eyes gleam and he just does whatever he might get away with. And because we have a Supreme Court dominated by the idea that the US Constitution is more akin to a piece of computer code than a framework for sensible governance, they simply throw up their hands and say, “whelp, it didn’t SAY that the administration of justice should be handled with integrity, so guess we makin’ a fascism now.” Better vote them out, except oh wait the Constitution also doesn’t say you can’t fuck with the elections either.

One of my anxious worries lately is that at the end of this term, Trump will look at our term limits amendment and parse the verbiage with a simple literalism and Clarence Thomas et al will back him up. It says you can’t be elected president more than twice, so why not simply run for VP and then have your patsy resign five minutes after swearing in? After all, we’re mindless textualists now. We didn’t want an FDR type getting overly entrenched in the machinery of power, but we clearly meant to allow loopholes that are significantly less democratic!

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