If Joe Biden wants to recuperate his lagging campaign and demonstrate his presidential strength, he should immediately seize upon the opportunity just presented to him by the six wingnuts on the Supreme Court in their ruling in Trump v. United States (the most appropriately named case this term). He should begin by unilaterally (or unitarily as the theory goes) defining what constitute “official acts” of the President. As the power now vested in him by this decision this should be well within his purview and should be conceived as broadly and deeply as possible.
Of course, one of his first such “official” acts should be to issue an arrest warrant for his insurrectionist predecessor for trying to overthrow the U.S. government and the constitution. Under his new authority, he should be able to waive any trial (or associated delays and appeals) and summarily jail the now convicted felon, forthwith. And, it should be crystal clear that he would be able to deal appropriately with any of the MAGA crowd that attempts to rise up in response to this action. National Guard anyone?
Of course, Biden being Biden, he has already snatched defeat from the jaws of victory by declaring that he will “follow the law” no matter what kinds of powerful openings this ruling provides. You can bet that his predecessor and successor will have no such compunction.
He should then turn his attention to making the government and our “democracy” functional. A first task here would be rectifying the stolen U.S. Supreme Court seats by packing the Court with sane justices who will follow the law instead of their cultish “leader.” I recognize the risk here that such a Court might seek to reign in a newly empowered President, but careful vetting and selection could circumvent these possible inconveniences. He might then turn his attention to the electoral system to make sure that one person/one vote is the rule rather than the too rare exception. Get rid of the Electoral College, outlaw partisan gerrymandering, and expand access to the vote and make voting itself easier. Then it’s on to Congressional reform: eliminate the filibuster, greatly expland the power of Presidential signing statements to shape legislation to his liking, declare Presidential vetoes the final word on legislation he dislikes.
Beyond these good government tasks, it is tantalizing to imagine a slate of non-reversible executive orders covering all those vital national needs that an oppositional Congress and the courts have impeded for years: women’s’ bodily autonomy, universal health care, child tax credits, climate legislation and a real green deal, strengthening pro-labor and environmental protection laws, real immigration reform, curbing wealth and income inequality, reshaping tax policy and spiraling corporate greed, addressing homelessness, and on and on.
Of course, Biden being Biden, he has already snatched defeat from the jaws of victory by declaring that he will “follow the law” no matter what kinds of powerful openings this ruling provides. You can bet that his predecessor and successor will have no such compunction.
And further, Biden being Biden, the whole notion of a vivid and vibrant imagination guiding political or policy action is largely inconceivable. But perhaps some of his close advisors (if they can’t persuade him to drop out which would be eminently preferable) will see this as a chance to hone their puppeteering skills during the his final months in office. Could do the country some good.
