Congressional Democrats are firing a warning shot at the recent U.S. Supreme Court decision granting presidential immunity to former and current presidents for criminal prosecution of official acts in office.
Representative Joseph Morelle of New York introduced a constitutional amendment Wednesday seeking to undo the court's landmark decision in Trump v. United States.
"Presidents are not monarchy, they are not tyrants, and shall not be immune," Morelle said in a statement.
In a 6-3 vote this month, the court ruled along ideological lines that a president is immune from prosecution when exercising the powers of the presidency. Trump's three appointees joined the bench's three other conservative justices in the majority.
Trump has since used the ruling, which was issued in response to his arguments in his federal election interference case, to fight his other criminal cases. Last week, citing the high court's decision, Judge Aileen Cannon dismissed the classified documents case against Trump in Florida. Trump has also sought to overturn his conviction in Manhattan, where a jury in May found him guilty on 34 felony counts of falsifying business records.
"Earlier this month the Supreme Court of the United States undermined not just the foundation of our constitutional government, but the foundation of our democracy," Morelle said. "At its core, our nation relies on the principle that no American stands above another in the eyes of the law."
The proposed constitutional amendment would provide that "there is no immunity from criminal prosecution for an act on the grounds that such act was within the constitutional authority or official duties of an individual." It would also prohibit a president from pardoning themselves.
The proposal was referred to the House Judiciary Committee on Wednesday. Morelle was joined by 49 other House Democrats. A constitutional amendment requires two-thirds vote in the House and Senate, plus ratification by three-fourths of state legislatures.
"We must do everything in our power to reverse the Supreme Court's outrageous betrayal of more than two centuries of constitutional law in America," Maryland Representative Jamie Raskin, who co-sponsored the amendment, said in a statement.
"Nothing has been more sacred to American constitutional jurisprudence than the idea that no one is above the law, but the Roberts Court, in a fit of neo-monarchical enthusiasm for Donald Trump, has tried to lay out the red carpet for a lawless autocratic president," Raskin said.
Democrats are also preparing to introduce a similar measure in the Senate.
A draft of an amendment released by Senator Mazie Hirono of Hawaii states that the president, vice president and other federal officials "are accountable to the law for their actions, both official and unofficial" and are "liable to prosecution and punishment," including after the president leaves office.
fairness meter
About the writer
Katherine Fung is a Newsweek reporter based in New York City. Her focus is reporting on U.S. and world politics. ... Read more
