Supreme Court takes sledgehammer to federal regulatory structure
Big-picture reaction to the ruling
- Many see the decision as a major step toward a “unitary executive,” weakening independent agencies and civil service protections.
- Commenters note the inconsistency of protecting the Fed from presidential control while exposing other agencies, calling it politically motivated and damaging to Court credibility.
- Some argue the deeper problem is Congress’s long-term abdication of its lawmaking and oversight roles; most cases are about statutes that Congress could revise.
Proposed constitutional amendments and reforms
- Original “wish list” of amendments:
- Remove or sharply limit presidential pardon power.
- Clarify Article II to emphasize that the President must execute, not control, the laws.
- Abolish the Electoral College.
- Explicitly allow Congress to regulate money in politics.
- Allow Congress to create time-limited independent agencies insulated from presidential removal.
- Add-ons from others: term limits for Congress and justices, anti-gerrymandering measures, ranked-choice or proportional voting, wealth tax, expanded House, court expansion or random panels, shutdown penalties for Congress, voting holiday.
Feasibility and risks of amendments
- Several commenters doubt any controversial amendment can pass, citing the Equal Rights Amendment’s decades-long limbo.
- Debate over whether making the Constitution harder or effectively impossible to amend would stabilize or ultimately doom the system.
- Some think the Electoral College could be bypassed de facto via the National Popular Vote Interstate Compact, though others expect SCOTUS might strike it down.
Electoral College and voting
- Anti-EC arguments: it violates “one person, one vote,” overweights a few swing states, and leaves many voters and entire states ignored.
- Pro-EC arguments: the U.S. is a union of states, not individuals; EC protects rural and small-state interests and simplifies recounts.
- Some insist abolishing the EC requires national, standardized voting and voter ID; others reply fraud is empirically negligible and IDs must be free with strong access protections.
Money, wealth taxes, and campaign finance
- Dispute over whether a federal wealth tax is constitutional without a new amendment, hinging on “direct tax” and the 16th Amendment’s scope.
- One side says Congress already has broad taxing powers and structure could be crafted (e.g., as excise or by treating certain wealth gains as income); others argue assets are clearly outside current federal authority.
- On money in politics:
- Skeptics say Congress benefits from current financing and will not seriously constrain it.
- Proposals include strict individual-only donation caps tied to minimum wage, or tax-return checkoff funding.
- Others note campaigns are already limited and most influence has shifted to PACs and “issue” spending, making regulation of “political” speech tricky and potentially dangerous for free speech.
Pardons and executive power
- Strong abolitionist view: pardons are historically corrupt, rarely fix systemic problems, and should be replaced by legislative reform.
- Moderate view: retain pardons but with guardrails—public registry, congressional veto window, ban on last-year pardons, explicit anti-bribery rules.
- Alternative designs:
- Move pardon authority to Congress.
- Require presidential initiation plus congressional approval.
- Critics respond that relying on Congress for individual relief is too slow and politically unrealistic.
Independent agencies and the “unitary executive”
- Some want a clear amendment empowering Congress to create genuinely independent, time-limited agencies and even rulemaking bodies within the legislative branch.
- Opponents worry about “rogue” officials unaccountable to voters; they prefer a strong executive able to quickly stop harmful agency action.
- Others note that Congress already designs varying removal protections and that recent conservative projects explicitly aim to dismantle precedents (like Humphrey’s Executor) that undergird agency independence.
Supreme Court legitimacy and ideology
- Multiple commenters see the current Court as reactionary rather than conservative or neutral “textualist,” accusing it of:
- Selectively overturning precedent.
- Expanding presidential power (immunity, control of agencies).
- Enabling money in politics (e.g., via earlier cases).
- Ethics concerns are raised about undisclosed luxury gifts to justices; some argue this undermines trust even if votes align with preexisting ideology.
- Others emphasize that judicial review itself is not textually in the Constitution and evolved from early cases, underscoring how much rests on interpretive philosophy.
Democratic structure and alternatives
- Some suggest the U.S. should move toward a parliamentary model, or even a ceremonial presidency/monarchy plus a powerful legislature.
- There is concern that further constitutional sclerosis—especially around updating representation and institutions—will increase the risk of a wholesale system collapse rather than incremental reform.