The top Democrat of the Committee on House Administration on Wednesday proposed an amendment to the U.S. Constitution that would reverse the Supreme Court’s recent decision to grant presidents “absolute immunity” from criminal prosecution for “official acts.”
Led by Chief Justice John Roberts, the court’s right-wing members ruled in favor of former President Donald Trump, the GOP nominee for the November election, triggering a wave of warnings, including from liberal Justice Sonia Sotomayor, who wrote in her early July dissent that “the president is now a king above the law.”
Congressman Joe Morelle (D-N.Y.) is leading the fight for an amendment to reverse that ruling. He said in a statement that the high court “undermined not just the foundation of our constitutional government, but the foundation of our democracy.”
“At its core, our nation relies on the principle that no American stands above another in the eyes of the law,” he continued. “I introduced this constitutional amendment to correct a grave error of this Supreme Court and protect our democracy by ensuring no president is ever above the law. The American people expect their leaders to be held to the same standards we hold for any member of our community. Presidents are not monarchy, they are not tyrants, and shall not be immune.”
Morelle proposed an amendment that would make clear “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,” and presidents may not pardon themselves.
The effort is backed by over 40 other House Democrats, including Rep. Jamie Raskin of Maryland, a constitutional law scholar.
“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,” said Raskin. “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 neomonarchical enthusiasm for Donald Trump, has tried to lay out the red carpet for a lawless autocratic president.”
“We should do everything we can in a statutory way to repair the damage,” he argued, “but ultimately, this will require some kind of constitutional amendment to block a fundamental change in American constitutional and political culture.”
Advocacy groups are also supporting Morelle’s proposal and highlighting what the recent ruling could mean for the future.
“The Supreme Court’s decision in Trump v. United States has imposed serious obstacles to holding Trump accountable for his role in the violence on January 6 and the attempt to stop the peaceful transfer of power,” said Public Citizen co-president Lisa Gilbert. “As Justice Sotomayor wrote in her dissent, under the holding of Trump v. United States, a president could order the assassination of a rival, take a bribe for pardons, or order a military coup and — in each case — be immune from criminal liability.”
“It is incumbent upon Congress to fix this problem, and with his proposed constitutional amendment, Rep. Joseph Morelle is taking the first step to right an obvious constitutional wrong,” she continued. “By design, it’s not easy to pass a constitutional amendment. But it can be done — and in this case, it must be done. Public Citizen strongly supports this amendment, and along with our allies in the Not Above the Law coalition are committed to ensuring its passage, to restore presidential accountability and basic democratic norms.”
The Supreme Court's decision to grant sweeping immunity to presidents was dangerous and wrong. Kudos to @RepJoeMorelle for introducing a constitutional amendment that would undo the decision. Strong action like this is needed to protect our democracy.https://t.co/4x9Lfaf6wc
— Noah Bookbinder (@NoahBookbinder) July 25, 2024
People for the American Way president and CEO Svante Myrick stressed that “big problems need big solutions, and the Supreme Court’s ruling granting presidents unprecedented immunity is a big problem. Not just now, in the specific case involving Donald Trump, but in countless foreseeable and unforeseeable ways in the future.”
“Our democracy is built on the principle that nobody is above the law,” he added. “People For the American Way is proud to support this proposed amendment to strengthen and shore up that principle at this critical moment in our history.”
Common Cause has also endorsed the effort. Virginia Kase Solomón, the group’s president and CEO, called the court’s decision “dangerous” and a departure from “what the framers intended.”
“We thank Congressman Morelle for his leadership to uphold the rule of law and ensure accountability for all Americans, and we urge Congress to quickly pass this constitutional amendment,” she said.
In the United States, constitutional amendments may be proposed either by Congress with two-thirds majority support in both chambers or by a constitutional convention called for by two-thirds of the state legislatures.
Although Morelle’s proposal lacks the support it would need to get through Congress, it sends a clear signal to voters going into the November election, when control of both chambers is up for grabs and the American people will likely get to choose between Trump and Vice President Kamala Harris, the presumptive Democratic nominee.
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