How A Sundowning President And A Corrupt Supreme Court Prove Your High School Civics Teacher Was Wrong

Biden's Brain, the Chevron Doctrine, Trump's immunity, and the last two weeks of the American Mirage.

Between President Biden sundowning on national TV and the Supreme Court ruling that Donald Trump is a Very Special Boy who can’t be prosecuted, the last two weeks have raised many questions for America. But amidst this chaos, they’ve also produced an irrefutable reality: Everything Americans were taught in high school civics class was wrong.

In public and private education, Americans are told we have the global gold standard of governance. As our school curriculum would have us believe, unlike other “backward” nations, the United States’ trademark system of three branches of government with checks and balances over each other ensures a balanced and democratic society. From the Supreme Justice of the Supreme Court down to White House interns, we’re told this system is comprised of good-faith actors who, despite political differences, all want the best for their fellow Americans. And it’s not just the schooling that reinforces this notion. From The New York Times op-ed pages to Aaron Sorkin’s screenplays, the nation’s thought leaders believe that if the American government is left to run its course, we’re bound to discover utopia.

Aaron Sorkin’s The West Wing brainwashed many Americans into thinking our governmental system was The Best Ever.

While this idealized view of our system may have once provided a sense of security and fostered patriotism, the events of early summer 2024 have shattered this illusion. It’s time for every American—especially those who perpetuate this narrative—to face the truth.

Nine Unelected Ivy Leaguers

As the last item on the final day of its term, the Supreme Court ruled that Donald Trump is above the law. Trump’s immunity wasn’t solely written in the decision of Trump vs. The United States but made apparent by the Court’s weaponized processes. While the Supreme Court can hear and decide important cases in hours (Bush v. Gore was decided in a day), Chief Justice John Roberts delayed the ruling for months to slow Trump’s prosecution and better his chances of winning the November election.

When it comes to their explicit statements, the conservative justices’ fondness for Donald Trump is more apparent in what they don’t say than what they do. The ruling states that presidents can’t be prosecuted for “official acts,” but they can be prosecuted for “unofficial acts.” How does the Court define “official act,” you ask? Good question! Let me know if you figure it out. Despite getting an opinion from Chief Justice Roberts and two separate concurrences from Justices Thomas and Barrett, the conservatives never defined “official act.” Instead, they use vague language that will force future attempts to prosecute a President to return to the Supreme Court for clarification. This lack of a definition gives them the flexibility to determine the parameters for prosecution based on whether or not they like the intended target. If a Democratic President tries to cancel student debt, you can bet the Federalist Society stalwarts will call that an “unofficial act” that should be prosecuted. But if President Candace Owens orders the Air Force to bomb New York City to up her reelection chances, well, I suspect Sam Alito Jr. will find that to be an “official act” for which she has totally immunity.

Pictured: An “official act” of President Donald J. Trump

Arguably, anointing Donald Trump a Very Special Body wasn’t even the Court’s most absurd decision of the term. In Loper Bright Enterprises. V. Department of Commerce, the Court overturned the Chevron Doctrine, something it created just four decades ago. The Chevron Doctrine was the basis on which government agencies functioned. It entrusted executive agencies such as the FDA, EPA, and the Department of Commerce, which are staffed by subject-matter experts, as the authorities in their respective domains. Under this Doctrine, courts would defer to these agencies on questions and regulations within their purview. So, it was up to the EPA to decide how much carbon monoxide a factory could pollute and punish the owner if they violated the rule. This Doctrine was established in 1984 when Reagan’s appointees controlled the agencies. Now that regulatory control has shifted back towards Democrats, the billionaire sugar daddies told the conservative justices to reverse Chevron so they can pump as much mercury into our drinking water as they want. This complete lack of principles is most evident in the writings of Clarence Thomas, who defended the Chevron Doctrine in 2005 only to perform an about-face once Harlan Crow told him to.

“The Chevron framework governs our (The Supreme Court’s) review of the Commission’s construction.” — Clarence Thomas writing for the Court in National Cable & Telecommunications Association V. Brand X Internet Services, (2005)

“Regardless of what a statute says, the type of deference required by Chevron violates the Constitution.” - Clarence Thomas concurring in Loper Bright Enterprises. V. Department of Commerce (2024)

And A Sundowning President

But the cracks in our national self-image as having The Best Government Ever isn’t limited to the Conservative capture of the judiciary. Since Biden’s cognitive struggles were revealed to the country during his debate on June 27^th, the president’s inner circles have closed ranks to fend off calls for him to drop out. Whether due to old age or just inability, Biden showed he was unable to refute elementary attacks from Donald Trump, who is simultaneously the worst and most dangerous Presidential candidate in modern American history. While even Democratic party loyalists such as Pod Save America and Matthew Yglesias have called for Biden to step aside, Biden’s closest friends and family have rushed to the White House to gatekeep access to the President and insist he stay in the race.

“Unusual” is certainly one way to put it.

After years of framing the 2024 election as “a fight to save democracy,” the President revealed his true thoughts in an interview with ABC News. In the video below, Biden admits he’s not staying in the race to save democracy but for his own ego.

Interviewer:  “If you stay in, and Trump is elected, and everything you're warning about comes to pass, how will you feel in January?”

Biden: “I'll feel, as long as I gave it my all, and I did as good a job as I know I can do, that's what this is about.”

This admission, in conjunction with the Democratic Party’s attempts to silence calls for Biden to step aside, should put to rest any belief that the country’s highest political operatives care about preserving what few democratic levers remain in America. The Democratic staffers working around the clock to keep an elderly man in the most demanding job on the planet are doing so because they think Trump will harm Americans (he will), but because their personal interests are tied to Joe Biden’s reelection. If he wins, they’ll still have prestigious jobs and exclusive access. If he’s swapped out for Kamala Harris, well, then they’re just-another Washington D.C. lanyard-wearer.

If you’ve read my previous work, then you know I’m not partial to the rose-tinted version of America taught by our teachers, media, and entertainment. (If you’re a JoeWrote subscriber, I’d wager you’re not overly sympathetic to it either.) But there are many Americans in positions of influence and power, from the opinion writers at The New York Times to the professors at leading law schools who still hang on to this worldview. I understand why they do so, as it enables their careers and calms their worst fears about the reality of the United States of America. “Don’t worry,” they tell themselves and their audiences. “Everything will work out. After all… something, something…three branches of government… checks and balances.”

While the mirage of American governance should have been shattered long ago, the events of the last few weeks should have been the nail in the coffin. Even the most reluctant observer can’t ignore the wheels falling off before our eyes. If we recognize the flaws of the American system and strive to remedy it with a more democratic structure, a better world is possible. But if we ignore reality and continue to insist our political system is beyond reproach, things will only get worse.  

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In Solidarity — Joe