• Zak@lemmy.world
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      6 hours ago

      I could imagine them trying to include corporations… but seriously, Constitutional textualism is a cornerstone of what it means to be a conservative judge. They’re pretty content to ignore or reverse precedent, but not to get creative about something spelled out plainly in the Constitution.

      • Nougat@fedia.io
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        6 hours ago

        … but not to get creative about something spelled out plainly in the Constitution.

        And yet, presidents now have extremely wide criminal immunity.

        • Zak@lemmy.world
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          5 hours ago

          There’s nothing in the text of the Constitution that says they don’t.

          Like most sane people, I think that decision was overly broad and has dangerous implications. On the other hand, if Congress could make crimes about Article 2 powers, that would effectively allow Congress to take those powers for itself by statute, overruling the Constitution’s assignment of them to the president.