The Supreme Court's July 1 opinion says the President cannot be prevented from violating the Constitution, and cannot be punished after the fact for doing so.
Does this mean the United States government is no longer "constitutional," given that one of the major actors is no longer bound by a constitution? Are we now living in a "post-Constitutional order"?
The Supreme Court in the past term actually increased power of the courts to further review executive action (see Loper Bright Enterprises v. Raimondo Executive, overruling Chevron). Executive action, including that of the President, continues to be reviewable by courts for constitutionality, as was done in relation to the travel bans.
The decision in Trump v. United States, 603 U.S. ___ (2024) does not insulate Presidential action from review for constitutionality. It insulates the person of the President from criminal prosecution for certain acts.
Notably, the majority viewed this immunity to be required by "our constitutional structure of separated powers." Of course others disagree with the conclusion the majority reached, but the debate is still about what the constitution requires, rather than some "post-constitutional" reasoning.
As I understand the SC decision, it clarifies that impeachment by Congress is the only possible penalty for certain acts by the President in his or her official capacity.
Taken without context, a law or an article of a constitution which assigns certain crimes or perpetrators to certain courts is entirely normal. There are countries where soldiers get a court martial for 'civilian' crimes, countries where juveniles go to different courts than adults, countries where labor disputes are handled by different courts than other contract matters. One might question if it is a good idea to use a procedure which can only result in impeachment or non-impeachment for the President, but there are many countries where juvenile courts are restricted to less severe punishments than adult courts, too.
So the government would appear to be still constitutional. One might question if the result is a wise constitutional system, but even an unwise constitutional system allows constitutional government.
