No, President Biden, the Supreme Court Did Not Remove All Limits on the Presidency

President Joe Biden delivered an address from the White House last night on the presidential immunity decision by the Supreme Court. While pledging that he will defend the rule of law, President Biden misrepresented what that law is in the aftermath of Trump v. United States. While we have often discussed false constitutional claims by the President as well as other false statements, an address of this kind is particularly concerning in misleading citizens on the meaning of one of the most important decisions in history.

 

As I have previously written, I am not someone who has favored expansive presidential powers. As a Madisonian scholar, I favor Congress in most disputes with presidents. However, I saw good-faith arguments on both sides of this case and the Court adopted a middle road on immunity — rejecting the extreme positions of both the Trump team and the lower court.

One of the most glaring moments in the address came when President Biden declared that “for all…for all practical purposes, today’s decision almost certainly means that there are virtually no limits on what a president can do.”

That is not true.

The Court found that there was absolute immunity for actions that fall within their “exclusive sphere of constitutional authority” while they enjoy presumptive immunity for other official acts. They do not enjoy immunity for unofficial, or private, actions.

The Court has often adopted tiered approaches in balancing the powers of the branches. For example, in his famous concurrence to Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), Justice Robert Jackson broke down the line of authority between Congress and the White House into three groups where the President is acting with express or implied authority from Congress; where Congress is silent (“the zone of twilight” area); and where the President is acting in defiance of Congress.

Here the Court separated cases into actions taken in core areas of executive authority, official actions taken outside those core areas, and unofficial actions.  Actions deemed personal or unofficial are not protected under this ruling.

It is certainly true that the case affords considerable immunity, including for conversations with subordinates. However, this did not spring suddenly from the head Zeus. As Chief Justice John Roberts lays out in the majority opinion, there has long been robust protections afforded to presidents.

There are also a host of checks and balances on executive authority in our constitutional system. This includes judicial intervention to prevent violations of the law as well as impeachment for high crimes and misdemeanors.

President Biden’s hyper-ventilated response is crushingly ironic. He was vice president when President Barack Obama killed an American citizen without a trial or a charge. When former Attorney General Eric Holder announced the “kill list” policy (that included the right to kill any American citizen), he was met with applause, not condemnation.

The Obama-Biden administration then fought every effort by the family to sue the government. President Biden would have been outraged by any attempt of a Republican district attorney to charge him or President Obama with murder.

He would also be outraged by prosecutors pursuing criminal charges for the deaths associated with the deluge of undocumented persons over the Southern border.

In his address, President Biden also claimed that “the law would no longer” define “the limits of the presidency.”

That is also untrue. This case was remanded for the purpose of defining what of these functions would be deemed private as opposed to official. Even on official actions, former president Donald Trump could be prosecuted if the presumptive immunity is rebutted by prosecutors.

What was most glaring for many civil libertarians was President Biden’s portrayal of himself as a paragon of constitutional fealty.  He declared that “I know I will respect the limits of the presidential powers as I have for the last three-and-a-half years.”

That was also untrue. President Biden has racked up an impressive array of losses in federal courts where he was found to have violated the constitution.

This includes rulings that his administration has exceeded his authority and engaged in racial discrimination in federal programs. Indeed, Biden has often displayed a cavalier attitude toward such violations.

For example, the Biden administration was found to have violated the Constitution in its imposition of a nationwide eviction moratorium through the Centers for Disease Control and Prevention (CDC).  Biden admitted that his White House counsel and most legal experts told him the move was unconstitutional. But he ignored their advice and went with that of Harvard University Professor Laurence Tribe, the one person who would tell him what he wanted to hear. It was, of course, then quickly found to be unconstitutional.

Biden showed the same disregard over the unconstitutionality of his effort to unilaterally forgive roughly half a trillion dollars in student debt. Courts have already enjoined that effort as presumptively unconstitutional (though an appellate court in one of those cases relaxed aspects of the injunction).

The address was used to reinforce his “democracy is on the ballot” campaign theme. Pundits have repeated the mantra, claiming that if Biden is not elected, American democracy will perish.

While some of us have challenged these predictions, the other presidential candidates are missing a far more compelling argument going into this election. While democracy is not on the ballot this election, free speech is.

For many of us in the free speech community, President Biden has become the most anti-free speech president since John Adams. As discussed in my new book,  “The Indispensable Right: Free Speech in an Age of Rage,” the Biden Administration has helped fund and maintain an unprecedented censorship system in the United States.

That record is hardly supportive for a president claiming to be the defender, if not the savior, of the Constitution.

 

448 thoughts on “No, President Biden, the Supreme Court Did Not Remove All Limits on the Presidency”

  1. The Constitution of The Fantasy States of America

    The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States and shall have unfettered power to do whatever the fvck he wants anyhow, anytime, anyplace. No one can or ever will question or defy that power.

    Commander in Chief, defined: Mafia boss, with zero restraints and unfettered power to perform any act or crime, so long as its through the military. All military members will be screened to conform to this ideology.

    Guess what, fvcksticks. If thats the power he has, the SCOTUS didnt give it to him.

    Why does someone with that power need immunity? He leaves office the day he dies. You people have been gaslit by the most highly elevated dumb bltch on the planet—-Sotomayor

    Get a grip and put down those puberty blockers.

  2. If I were Biden I’d be throwing Trump in a supermax prison for blabbing military secrets when he was out of office. That’s what would happen to any other citizen.

    1. Yes you would. And you would STILL be soiling your pants daily.

    2. Another Anonymous Soviet Democrat coward said If I were Biden I’d be throwing Trump in a supermax prison for blabbing military secrets when he was out of office. That’s what would happen to any other citizen.

      And would you also throw Bribery Biden in a supermax prison for SHOWING classified papers to his ghost writer, claiming that he’d stolen them both while a senator and then as Vice President? Leaving boxes of those military secrets unguarded and secured in the university office he shared with Chinese Communist agents?

      How about throwing Killary Clinton in jail after four years of continuing to use successive illegal and unsecured email accounts that the CIA kept telling Bolshevik Barack were compromised by at least five adversarial nations?

      When in your abject pathetic life did your alleged concern about the illegal dissemination of military secrets begin? Only after Obama’s Third Term brought back Jack Smith to do to Trump what he did to the most feared prospective opponent in the 2012 reelection campaign?

      Where in the indictment – you know, so normal Americans can read it – does it say that Trump actually spoke/blabbed military secrets to ANYBODY? Rather than the claim he waved a piece of paper at somebody and said they were classified?

  3. This is why it felt safe to be an American (soldier and citizen) during Trump’s presidency….
    and why no one (soldier or citizen) feels safe under Biden’s disastrous reign of terror:

    “Congressman Wesley Hunt Reveals Jaw-Dropping Trump Story.

    In a tense meeting with Taliban leaders, Trump declared, “I want to leave Afghanistan, but it’s going to be a conditions-based withdrawal,” before issuing a stark warning.

    “If you harm a hair on a single American, I’m going to kill you,” Trump said. The translator conveyed this exact message.

    Trump then “reached in his pocket, pulled out a satellite photo of the leader of the Taliban’s home, handed it to him, got up and walked out the room.”

    https://x.com/VigilantFox/status/1808179617397719127

  4. Jonathan Turley seems to have never heard of Project 2025, hmm?

    1. Of course I have, Professor Pinhead. From your fellow sockpuppets, Gigi, Dennis, George, and Elvis Bug. They all got the email as well. That red herring is quite popular since the debate.

    2. It may be the Jonathan Turley didn’t mention Project 2025 because it has absolutely nothing to do with this particular Supreme Court decision.

      1. “absolutely nothing to do with this particular Supreme Court decision”

        or anyhting else of import.

    3. @David

      *Blah, blah, blah, fascist, blah, blah, Fox, the Constitution sucks, blahbedy-blah-blah*. Neither has anyone else heard o it and that is because it is more narrative-serving propaganda bullsh*t. I actually think you are a real person as opposed to the trolls, and man – you are one confused dude. You might as well be posting about the post-apocalyptic consequences of solar flares or Hale-Bopp. Yes, David, there is a space for you hiding behind the surface of that comet. the rest of us will do our best to live sanely on earth. Pfft. 🙄

  5. Joe Biden simply read a diatribe written by some young far left liberal who has no respect for our country or institutions. He probably had no idea how ridiculous and out of touch he sounded.
    I’ve never been a Biden fan but I don’t believe a younger Joe Biden, one not suffering from dementia would disrespect the SCOTUS as he did in his speech. Now he simply follows orders from his staff and his wife all in an effort for them to keep power. This hollow old man is being drugged, propped up and manipulated to gaslight and deceive the American voter into voting for him again. Let’s not make that mistake again!

  6. The Supreme Court released its ruling conveniently distracts from the Palm Beach grand jury files being released. Now know Trump left several messages to Epstein, as did Epstein did to Trump. Do you think Trump had sex with Epstein’s girls? He rode Epstein’s plane. Some girls who worked at Mara Lago ended up with Epstein. Trump said he was able to “inspect” naked teenage girls when he owned a beauty pageant. At a speech in 2015 or so, he called teenage girl up to the stage to look her T&A over and said she was hired and even said when it comes to babes he’s like an alcoholic. He agreed Ivanka was a piece of ass and said if he weren’t his father he’d date her. So, access to young pussy from Epstein? Do you really think Trump is turning that down?

      1. Where does that idiot get this crap? I think it’s Nancy Pelosi or Jill Biden…

    1. Besides intellectually myopic (a.k.a. stupid) .. you are clearly classless .

      1. Classless is voting for someone who agreed their daughter is a piece of ass and they’d date her if they could.

        1. Or someone who doesn’t ask permission, just jumps in the shower with his daughter

    2. Literally when he was having a fight over a real state dispute and calling epstein “fake right”.

    3. The implied accusation is that Trump “had sex with Epstein’s girls”. The evidence: an exchnge of messsages on their phones (contents unidentified); Trump rode in Epstens’s “plane” on some undisclosed date; and “some girls” (unidentifed), who once worked at M-A-L, also later worked for Epstein. Pretty impressive. You should be working for Alvin Bragg.

  7. Prof. Turley, Thank You for this Simply Razor Sharp Gleaming Analysis.. so well documented!! YOU must have the connections that would somehow place this column in front of DT’s eyes – he needs to read this asap!!!

  8. What do the Democrats offer: crime, poverty, ill-educated children, ever increasing inflation, hegemonic dictates, credit debt budgeting (currently approaching $35 Trillion), and contempt of those who refuse to bow to their Altar of Tyranny which leads to the Gates of Hell.

    A party with disciples who follow the order of the State would best defined as the current Democrat party’s apparatchik. This clan practices pyschologism where theoretical and philosophical difficulties are treated like there psychological in nature and require introspection.

    The leftists place of worship can be found at your nearest seat of government, you can hear them warbling (Oh great STATE please hear my plea). Demon-(RATS) scurry about licking their chops at the Socialist Dinner, trying this and that from the Tyrannical Menu, all while ignoring the warnings of the possible demise of our Republic, The United States of America.

    1. You ask what do Democrats offer? 2020 they offered $100 for your vote and another $50 for your mail in ballot.

  9. As a rule, when Democrat Party leaders, or their lickspittle toadies in the SM, like Maddow, say anything – you can pretty much rely on it to just be meaningless noise. Imagine that you had an electronic Device, and when you pushed the Big Red Button, it would come out with a proper English sentence. It might say, “The purple fox howled at the star, Betelgeuse!” Would you feel compelled in any way to try to argue with the Device? Would you say, “No, Device, foxes are not purple, and foxes can hardly distinguish Betelgeuse from Sirius, or Alpha Centauri.

    I submit that you would not, because you realize that there is no “thought process” behind the statement. It would be a waste of time. The same is true for Democrats. Words are just noise to them, and whatever words come out of their mouth, you have no way of knowing if they believe it or not. In a way, they have that device, and it is programmed to say something bad about the enemies of Democrats.

    FWIW: https://www.youtube.com/shorts/20Mx2X_SL08

  10. This of course means Biden believes he can commit any crime RIGHT NOW AS POTUS AND GET AWAY WITH IT FOREVER.

    Watch what happens, joe will start committing more gigantic crimes, and the entire MSM will say he is TOTALLY IMMUNE, SHUT UP !
    Of course that will be between each other behind the scenes. They will squeal we must get in our dirty deeds because we might lose if we can’t steal enough in November.

    SO MASSIVE CRIMES ARE OCCURRING RIGHT NOW – THE ENTIRE CABINET WENT TO BIDEN AND EACH GAVE HIM A DREAM WISH GIANT CRIME TO COMMIT TO SECURE MORE POWER AND REVENGE, AND SINCE JOEY NOW KNOWS HE CAN DO ANYTHING IT HAS ALREADY HAPPENED !

    screenshot this you braindead monkeys

  11. Selected developments for today:
    – Biden donors reportedly rally around ‘Plan B’ after debate debacle
    – First Democrat member of Congress comes forward to demand Biden step down as party’s nominee
    – Dem donors ‘freaked out’ by what goes on behind closed doors in Biden meetings
    – James Carville calls on Biden to step down after debate
    – Biden had over a dozen episodes of cognitive decline in last year, Carl Bernstein claims
    – Report reveals ‘real anger’ from Biden White House aides after debate
    – Trump sentencing could be delayed as Bragg’s office says it’s not opposed to postponing
    – Red flags for Biden after debate performance impact exposed in new national poll
    – FBI abuses security clearance to ‘purge’ conservatives, views them as ‘unworthy’ of employment: whistleblower
    – Migrants allegedly attacking and robbing man at knifepoint on train caught on tape
    – Longtime Dem urges Biden to step aside and allow VP Harris to take over as nominee
    – Woman awarded major payday after being fired for refusing Covid-19 vaccine requirement
    – VP Harris caught lying about Trump’s position on abortion, Elon Musk immediately crushes her for it
    – Media floated 25th Amendment for Trump hundreds of times while in office, video shows
    – Chief Justice Roberts scolds liberal colleagues for ‘fear mongering’ after landmark ruling
    – Cancer stricken elderly man, 2 others, allegedly beaten by anti-Israel mob at library’s ‘anarchist bookfair’ event

  12. Not to worry, Prof. Nobody listens to that doofus anyway other than memers.

  13. Has anyone seen Peter Shill?

    He is late to relieve Elvis Bug at the glory hole today.

    You may know him as “Count von Count” from Sesame street. He loves to COUNT.

    1. [Garbled, as if speaking with his mouth full] Tell that little shit stain that I am getting tired.

  14. PUPPY WATCH 5.0

    Peter Shill aka brandrunner902cbad416 aka Puppy Watch spastic: 3

  15. PUPPY WATCH 4.0

    Peter Shill aka brandrunner902cbad416 aka Puppy Watch spastic: 2

  16. To the extent he can keep it foremost in his weakened mind, Joe Biden does not want to face Trump in another debate nor in another election. Keeping that from happening is all that matters. Otherwise, Biden is perfectly fine with the decision.

    1. turdrunner902cbad416 says:July 2, 2024 at 1:30 PM
      PUPPY WATCH 4.0

      Peter Shill aka brandrunner902cbad416 aka Puppy Watch spastic: 2

      Reply
      Anonymous says:July 2, 2024 at 1:46 PM
      This trash website doesn’t need you to prove that it’s trash, since the GARBAGE “moderator” blocks replies to troll trash like you

      Reply
      Anonymous says:July 2, 2024 at 2:05 PM
      Ooooooh touched a nerve. Furious, are we? Sounds like a personal problem, buggy boy

  17. At a Crucial Moment, Jill Biden Is Vogue’s Cover Star: During the most challenging period of President Biden’s re-election bid, the first lady appears on the cover of a high-fashion bible.

    Soon after the magazine posted the cover image to its Instagram account on Monday, the comments were overwhelmingly negative. Some were from Trump supporters who took Dr. Biden’s appearance as an opportunity to complain about the fact that Melania Trump had been passed over for a Vogue cover when she was first lady. A number of other critical remarks seemed to come from Democrats, one of whom argued that Dr. Biden was pursuing her and her husband’s own ambitions “at the expense of Americans safety and happiness.”

    Jill as Evita?

    https://www.youtube.com/watch?v=KD_1Z8iUDho

    The cover line — “We decide our future” — did not seem to help, regardless of the fact that the first lady seemed to be talking about women voters when she said those words at a Minnesota campaign event in April. “No!” a commenter wrote. “We decide your future! Done with your entitlement.” Janice Min, the editor in chief of Ankler Media, who was previously the top editor of The Hollywood Reporter and Us Weekly, concurred.

    “It’s not a great look when the president refuses to give news outlets one-on-one interviews but his wife has her third Vogue cover during an election where voters are saying over and over again it is all about the economy,” Ms. Min said. “Is the Vogue audience really the path to victory in Michigan, Wisconsin and Nevada?”

    Ms. Min further noted that Vogue is also edited by Anna Wintour, who has hosted private fund-raisers for Mr. Biden’s re-election.

    but of course!!!

    New York Times

    1. PUPPET WATCH:

      Column: “Too Clever By Half–

      Monday, July 1

      This list was first posted at 7:22 EST on Monday. Within 10 minutes the farm responded with a barrage of nuisance posts. The list was then reposted later in the evening, triggering an effort to crash the blog with ‘miles’ of garbled text.

      *****

      Monday:

      First, the established troll farm is leaning heavily on green anonymous to convey all those mean-spirited, frequently dirty comments that have been staples of these threads. Under green anonymous, at least 47 of those posts are present today.

      Secondly, that group of puppets we’ve been calling the ‘Morning Greek chorus Bots’ were mostly absent today. No conventional first and last names with middle initials!

      Here’s how the established puppets tally today with number of posts next to names.

      Margot Ballhere: 1
      dgsnowden: 1
      Draft Dodger Consortium: 3
      DDC: 1
      Elvis Bug: 3
      Estovir: 9
      Ex Dem: 1
      Floyd: 4
      Ian Michael Gumby: 2
      GEB 11
      JAFO: 1
      James: 1
      Lin: 8
      Old Fish: 3
      Pleasure Chest Management: 2
      Sam: 2
      Richard S: 3
      Traveler: 6
      Floyd akaTurdrunner: 2
      Waters: 15
      Upstate Farmer: 14
      ZZ Doc: 1

      One can see the well-established puppets were out in full force today; all except Floyd.

      Waters was back with 15 posts after his late night meltdown over the weekend. And old standby Upstate Farmer weighed in with 14. GEB, which isn’t always prominent, posted 11.

      Almost every day this past week the troll farm has featured at least one post attributed to host Johnathan Turley. Today was no exception.

      To recap, the most notable trend today are the 47 posts under green anonymous hurling garbage at liberal commenters. Curiously its written voice sounds unmistakably like Floyd-Estovir-Hullbobby-Tom-Waters.

      TUESDAY UPDATE:

      The belligerent green anonymous had already posted 47 times by 11:00 am.

      1. The lazy little penis has taken to just posting results from yesterday

        clearly, Pleasure Chest Management has not posted today.

        Can we get a better puppy counter in here?

      2. Ahhhh.there you are Peter. Are you coming to work today??

    2. turdrunner902cbad416 says:July 2, 2024 at 1:30 PM
      PUPPY WATCH 4.0

      Peter Shill aka brandrunner902cbad416 aka Puppy Watch spastic: 2

      Reply
      Anonymous says:July 2, 2024 at 1:46 PM
      This trash website doesn’t need you to prove that it’s trash, since the GARBAGE “moderator” blocks replies to troll trash like you

      Reply
      Anonymous says:July 2, 2024 at 2:05 PM
      Ooooooh touched a nerve. Furious, are we? Sounds like a personal problem, bug

    3. Vogue wanted to put the actual President on the cover…and they did.

      1. Next will be Peter Shill on Vogue. Here is a preview. His attempt to look more masculine and menacing

        🤣🤣

      2. Biden got his picture on the cover of Vague magazine. How appropriate for the big guy. Independent Bob.

  18. Thank you! I wish that the media were as quick to call out these lies as they have with President Trump.

  19. Rather than a free pass to Trump, the Court appears to have opened the road to prosecuting people like Obama and Biden.

    The Democrats shattered the custom of not prosecuting former presidents now they may have to live with the results.

    1. So here is my interest: If Biden were charged with lying and meeting with Hunter’s communist clients and selling influence, instead of denying it or saying he just said “Hey, how’s the weather?” would he claim it was an “official act” and thereby avoid prosecution? That would be fun to see.

      1. It won’t be perjury he will be charged with and I would think it would be more of unraveling the families banking and mortgages web of money laundering. bribery, treason and tax evasion come to mind.

        1. Traveler- I think both you and Bob are right. The Bidens appear to have committed serious crimes and they appear to be incapable of telling the truth even on trivial matters. Perjury would just be the icing on the multi-layered felony cake.

    2. There has never been a custom of not prosecuting presidents. We have never had a president as criminal as Trump.

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Res ipsa loquitur – The thing itself speaks

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