AMERICANA / THE GUARDRAILS THAT REMAIN

OPINION: PillartoPost.org Daily Internet Magazine.

 When the Supreme Court ruled 6–3 that a president has broad immunity from criminal prosecution for official acts, many Americans felt a deep shock. The decision broke with every historical understanding of the presidency. It expanded presidential power in a way the Founders never intended. For many, it felt like a pillar of democracy had cracked.

 But a republic does not rest on one pillar. It rests on many. Even when one weakens, others still stand. American democracy still includes Congress, the states, the lower courts, and the people themselves. Power has shifted, but it has not vanished. Understanding these remaining safeguards is the key to preventing this decision from becoming a permanent shield for presidential abuse. 

 Congress still has the power to make laws that define limits on presidential behavior. The Court did not eliminate Congress’s authority to strengthen protections around the Justice Department, to clarify what actions count as abuses of office, or to demand transparency. Will Congress act? That is a political question. But the power remains. 

 States also still hold authority. The ruling affects only federal prosecution for federal acts. It does not take away the power of states to investigate crimes that harm their residents. A president may be immune in Washington, but not necessarily in New York, Georgia, Arizona, or California. The Founders built this dual system to prevent power from concentrating too tightly in one place. That safeguard still works. 

 Lower federal courts still decide what counts as an official act. The Supreme Court gave broad principles, but it did not give detailed rules. Every future case will begin with a judge deciding whether a president was acting within the true scope of the job or simply using the office to shield wrongdoing. Over time, courts can narrow the meaning of “official act,” limiting the reach of immunity. 

 Elections remain the final check. No court can shield a president from political consequences. Voters can remove a leader who tries to use immunity as a license for misconduct. The ballot box is older than the Court itself, and it remains the most powerful democratic tool. 

 Civil society also still matters. Journalists, teachers, clergy, veterans, lawyers, students, and everyday citizens shape public values. They influence what the country tolerates and what it refuses to accept. When legal guardrails weaken, cultural and civic guardrails often strengthen in response. Democracy persists because people refuse to give up on it. 

 The Court’s ruling is serious and troubling. It opens the door to potential abuses. But it is not the end of the American system. It is a challenge to it. Democracies do not fall because a ruling goes wrong. They fall when citizens stop pushing back. Americans have never been good at staying quiet. Some guardrails are still there. They now depend on us.