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That requires 60% of the senate. In the modern political context that's just not going to happen. That gives a president effectively total latitude for at least 4 years, even if midterms cut down their majority to 41%.
I do think the democrats are extremely lucky that trump is so old and already on his second term. That reduces his incentives to rig the election for a successor, and means the democrats still have a chance of controlling the first (and last) post-trump president.
removal through impeachment requires 2/3rds of senators present to vote for removal which for all practical purposes means it requires 67 senators in the modern context
famously, the 36th senator refused to vote yes on each of the articles of impeachment to remove President Johnson ending each round of voting 35-19 which was 64.8% of the Senate
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Each state runs its own elections.
Before I say anything else, what was your opinion on the election fraud allegations between 2020 and election day?
They were correct in two ways:
Then if you believe in election fraud anyways there's no point making the defense of "each state runs their own elections." In fact, you should probably accept that all elections are totally rigged, and take the sequence of events from 2016-2024 as evidence that the deep state was secretly on your side as part of a long-term plan to get trump in office.
Just because there is fraud, it doesn't mean they can produce enough to always win. Evidence from the Chicago indictments shows a metro can falsify about 5-10% of its votes reliably without detection from outsiders.
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Congress not wanting to use its magical powers does not mean that congress does not have magical powers. It has these magical powers regardless of the political context. At any time it could use these magical powers, for any reason it chooses to.
Do you see any dissonance with your two positions? I do.
In the first you argue that power distribution is inconsequential to a body actually having that power. In the second you argue that power distribution is consequential, consequential to the point of negation, of a body having power. Which is it?
Previously, a congressional party with 51% majorities in the senate and house could refuse to confirm presidential appointments, and therefore limit the ability of the president to interfere with independent agencies. Previously, a president faced the threat of legal action after their term if they violated the law.
These were powers that congress and the judicial system had-- even if they rarely chose to exercise them.
Now, presidents can do what they want w.r.t independent agencies, and to interfere congress needs a 51% majority in the house and a 60% majority in the senate to impeach and remove. Now, presidents have permanent immunity against prosecution.
Conrgess has lost a portion of its power over the president, dramatically and permanently.
They have lost power over the president. But none of that has to do with Trump, Trump's most recent EO, and it is not either dramatic or permanent. Congress can always repeal a law and remove an agency from existence if they don't like how the President is managing the agency. The reason Congress has lost some of its power is that they did so intentionally by creating rulemaking agencies within the executive branch, which was a delegation of Congressional power to make laws. That they tried having some sort of end around this reality by falsely labeling some of them "independent" didn't actually make them so.
Independent wasn’t about trying to get around non delegation; it was a silly progressive idea of making it non political.
The legislative power is vested in congress. Congress cannot delegate that authority even if the court doesn’t want to go that far (eg congress can’t say “Zeke now gets to write all of the laws”. Independence is largely orthogonal to non delegation concerns.
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Congress still has the power to refuse confirmation with 51% majorities. They still have that ability, in that specific context you yourself have denoted, to limit the president from interfering with independent agencies.
The president still faces the threat of legal action after their term if they violated the law. Quoting Trump v. United States:
No, this is not true. Congress still controls the purse. Congress can still interfere by cutting funding to the executive branch, and it only needs 51% in both houses. And per above, congress can still interfere by not approving appointments.
The senate needs 2/3rds to remove, not 60%.
No the president does not have permanent immunity against prosecution, see above.
I do agree that congress has lost some power. I don't think its as drastic as you think it is. I think they have a good change of clawing a lot of that power back by writing bills better. Right now it seems that all congressional funding is passed in omnibus bills, that are very general. They say things like "USAID is an agency that does X, its under control of the president" and "fund USAID with $X money". They give a lot of leeway. If they write the bills with less leeway, then I think they can claw a lot of that power back. Something more like "fund 100 positions to do XYZ at USAID". But we will see.
Nah, "interim" appointments just last forever now.
Everything is an official act if the president wants it to be. Everything else gets done by underlings and receives pardons. The idea that presidents were liable to state law provided a check on that-- but now it's gone. I won't pretend like republicans are fully to blame for that-- I'm not a fan of biden's blanket pardons. But this is one more, massive, crack in the dam.
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