Many observers say a controversial U.S. Supreme Court decision from July 1, 2024, turns presidents into kings – but they underestimate how truly radical the ruling actually may be. In fact, though the court’s majority said it was honoring constitutional tradition, it appears to have created something entirely new: a legal tyrant, someone above the law, a privilege even kings never enjoyed.
But criticism was immediate. For instance, Justice Sonia Sotomayor dissented, declared: “In every use of official power, the President is now a king above the law.”
But as a historian of medieval power, I know there is a problem with Sotomayor’s argument. Kings were never above the law. Even the epitome of absolute monarchy, Louis XIV of France, who ruled from 1643 to 1715, did not stand above the law. He embodied the law. Known as “the Sun King,” the law flowed through him and spread over his realm like rays of light. He couldn’t break the law, because he was the law.
Many observers say a controversial U.S. Supreme Court decision from July 1, 2024, turns presidents into kings – but they underestimate how truly radical the ruling actually may be. In fact, though the court’s majority said it was honoring constitutional tradition, it appears to have created something entirely new: a legal tyrant, someone above the law, a privilege even kings never enjoyed.
But criticism was immediate. For instance, Justice Sonia Sotomayor dissented, declared: “In every use of official power, the President is now a king above the law.”
But as a historian of medieval power, I know there is a problem with Sotomayor’s argument. Kings were never above the law. Even the epitome of absolute monarchy, Louis XIV of France, who ruled from 1643 to 1715, did not stand above the law. He embodied the law. Known as “the Sun King,” the law flowed through him and spread over his realm like rays of light. He couldn’t break the law, because he was the law.
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