President Joe Biden is trying to cement his leftist credentials by embracing a tactic of totalitarianism, the Big Lie. If a leader says something which is patently false, but does so often and loud enough, their followers will believe it.

That’s what Biden has done by describing the Supreme Court as “radical.” He proposes changes to the court that are, on their face, unconstitutional. As ammunition to justify his overreach, Biden egregiously misrepresents the Supreme Court opinion in the presidential immunity case involving former President Donald Trump.

The court did not provide Trump with blanket immunity for his actions. Rather, the court made it clear that a president must have immunity for presidential actions directly related to functions inherent in the office of president. If a president does not have absolute immunity in preserving, defending, and protecting the nation and the Constitution, then a president will be unable to carry out his duties fully because he will always be looking over his shoulder at opponents eager to destroy him politically. It is a big lie that the Trump immunity decision means a president could order the assassination of an American political opponent or commit murder. Murder is not a remit of the office of president. 

Moreover, this Supreme Court plainly is not radical. The Roberts Court is conservative with a small c. It rules on constitutional questions by looking at the actual language of the Constitution. Under the Constitution, the federal government is limited to enumerated powers. Biden and his left-wing allies are the real radicals. They want to neuter the Supreme Court by imposing term limits and legislating a code of ethics for the court. But neither Congress nor the president can dictate to the court. A code of ethics imposed by Congress would violate the fundamental constitutional principle of separation of powers. Biden’s proposed code of ethics is thus unconstitutional on its face. 

Under Article 3, Section 1, Supreme Court justices hold their offices during “good behavior.” This means that a justice can only be removed for “high crimes and misdemeanors.” Removal is through the impeachment process, a majority vote in the House of Representatives and a two-thirds vote by the Senate to convict and remove from office. Term limits would violate the Constitution’s grant of lifetime appointments subject only to impeachment. Congress cannot override the Constitution by legislation.

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The sole manner through which Biden can achieve his aims of castrating the Supreme Court is through the process of constitutional amendment, which is a difficult process requiring supermajorities at the congressional level and state level.

And that’s for the same reason that underpins Biden’s late-term move to make these changes: The founders recognized that fundamental change should not be easily facilitated during periods of heated partisanship.