this post was submitted on 07 Nov 2024
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No Stupid Questions

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Not sure if he has the power to do that, or if he could do it but not make it permanent. But if he can, he really should...

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[–] adarza@lemmy.ca 95 points 2 weeks ago

pardon is a power granted by the constitution.

states are, for the most part, in control of their own election process.

biden can't do a thing about either. and anything he does on his own, such as via executive order, will just be undone on dictator day.

[–] deadbeef79000 53 points 2 weeks ago

There's lots of good explanations of what the US Constitution allows... but they don't actually matter!

No matter which branch of government (executive, judicial, or legislature) have the power to "do away with pardons" the same has the power to bring them back.

In parliamentary systems this is called the "supremacy of parliament".

So even if Biden could issue an executive order to stop pardons then Trump can just executive order them back.

[–] workerONE@lemmy.world 51 points 2 weeks ago (2 children)

I heard that Biden can assassinate Trump and he might not need to pardon himself.

[–] shani66@ani.social 17 points 2 weeks ago

Unironically that might be the best possible thing he could do.

[–] Huckledebuck@sh.itjust.works 6 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

Would there be a be election, or would he have to take out Jack Dick Vance, too?

[–] Burn_The_Right@lemmy.world 4 points 2 weeks ago

🤣😂Jack Dick Vance😄🤣

[–] Viking_Hippie@lemmy.world 46 points 2 weeks ago

There's a lot of radical things Biden could do to better shelter the people of the US and indeed the world from the coming storm but, being Joe Biden, he's going to do none of them.

[–] Asafum@feddit.nl 42 points 2 weeks ago

I wouldn't expect anything from anyone at this point. I expect essentially radio silence until Trump takes over.

[–] _bcron_@lemmy.world 27 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

It's baked into the US Constitution and the framers intentionally made it difficult to ratify amendments to prevent it from being changed frequently on whims (the Constitution should ideally be able to weather any change in the breeze). He could but he'd need 2/3rds of both House and Senate to vote in favor in order to proceed, so he'd need those to be in session to vote, and then ratification is even messier, I think 2/3 or 3/4 of state legislatures need to vote in favor of ratification. Bunch of hurdles that require not only getting all these groups in a room, but also to have well over a majority vote in favor.

And we all know Marlie Tator Greene would be screaming the whole damn time, so snowball's chance in hell basically

[–] yessikg@lemmy.blahaj.zone 27 points 2 weeks ago

I would rather he do some presidential actions that are now allowed because of the corrupt supreme court

[–] shoulderoforion@fedia.io 18 points 2 weeks ago

Article II, Section 2, Clause 1 of the U.S. Constitution, which provides: The President ... shall have Power to grant Reprieves and Pardons for Offenses against the United States

In order to change that, would need a Constitutional Amendment, which require ratification from 38 out of 50 states, so, unlikely

[–] lagomorphlecture@lemm.ee 17 points 2 weeks ago (1 children)

Joe Biden can do whatever he wants and it doesn't matter because then Trump will do whatever he wants. He can do away with pardons and then Trump can decree that they exist again. There's nothing left to stop him. Buckle up.

[–] C126@sh.itjust.works 9 points 2 weeks ago

This is why executive orders are dumb.

[–] Mishmash2000 11 points 2 weeks ago

It would be irrelivant. Trump will change anything and everything to suit his needs. You can change whatever you want and he'll just change it back on day one. You know, that one day he made very clear that he was going to be a dictator. That's the one day set aside to change every single thing he needs to. After that, nothing else matters.

He can do whatever he wants, the supreme Court is dumb enough to say so, he can post troops at the front of their swear in and mow down both of them before they get sworn in. If he does nothing to stop it after that. " He would get impeached" and be out of a job.. but cannot get penalties against him for doing so. The supreme Court is the most supreme dumbasses we have seen in our lives. I thought my parents were stupid. They are making feathers look smart. Will Biden, no, will trump, yes. We know better

[–] stinerman@midwest.social 9 points 2 weeks ago (1 children)

The President can pardon anyone he wants for any federal crime as long as it's backward looking. He can't pardon someone for something that will happen in the future.

The President does not have the power to abolish pardons.

[–] baggachipz@sh.itjust.works 0 points 2 weeks ago
[–] recursive_recursion@lemmy.ca 9 points 2 weeks ago (2 children)

not sure but the first thing I'd recommend changing is the first past the post voting system

[–] BlameThePeacock@lemmy.ca 20 points 2 weeks ago (1 children)

The president doesn't control that. The federal government doesn't even control that.

That's a state by state situation.

[–] NaibofTabr@infosec.pub 3 points 2 weeks ago (1 children)

Correct:

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

US Constitution, Article 1, Section 4

Technically there's no requirement that any of the citizens of a state be allowed to vote in their state's elections.

[–] NJSpradlin@lemmy.world 4 points 2 weeks ago

A guy I know argues that a ‘better system’ would that the individual shouldn’t be able to vote in higher tier elections. The individual should be able to vote for their local reps. Local reps vote for the fewer regional/county reps, those vote for state, and state then vote for congressional, who then vote and elect the president.

But, if you think Russian (or enemy nation states) were able to infiltrate and sway the 2024 presidential election across 130 million voters… how easy do you think it’d be to do the same across Congress? Hell, they’ve already infiltrated that.

[–] Cort@lemmy.world 3 points 2 weeks ago (1 children)

Alaska and Maine already have ranked choice iirc

[–] Nougat@fedia.io 3 points 2 weeks ago (1 children)

I seem to recall that Alaska did have RCV, but then went back to the shitty way.

[–] Cort@lemmy.world 5 points 2 weeks ago (1 children)

That's on the ballot this year. And looks like at this moment the tally is 120k/125k for/against keeping RCV with 75% of the vote counted, so to close to call at the moment.

[–] Anticorp@lemmy.world 2 points 2 weeks ago

I saw some campaign points against it, and they said "it's too confusing". Political messages these days basically rely upon people being stupid and lazy.

[–] crawancon@lemm.ee 8 points 2 weeks ago

even if we could he won't. or some political problem prevents it. see the college debt relief debacle or Manchin.

[–] bear@lemmynsfw.com 7 points 2 weeks ago

No. The president of the United States is authorized by the U.S. Constitution to grant a pardon for a federal crime.

[–] JimmyBigSausage@lemm.ee 6 points 2 weeks ago

Maybe he could just open up a can of whoop-ass?

[–] radiohead37@lemmynsfw.com 0 points 2 weeks ago

He’ll likely pardon Hunter.