The introduction of this amendment follows the unprecedented Supreme Court decision in Trump v. United States, in which the Court determined that immunity from criminal prosecution covers a President’s “official acts”
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WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, and U.S. Senator Tammy Duckworth (D-IL) joined U.S. Senator Mazie Hirono (D-HI) and 26 of their Senate colleagues in introducing a constitutional amendment making clear that no one in the United States is above the law, including the President.
In response to the Supreme Court’s unprecedented decision last month that Presidents are immune from prosecution for “official” actions, the amendment would clarify that Presidents and other federal officeholders are, in fact, accountable to the law for their actions. Specifically, the amendment states that every person holding a position of authority under the United States, including the President and the Vice President, is criminally liable for actions both official and unofficial under any generally-applicable criminal laws they violate.
“No one should be above the law, not even a sitting United States President. The Supreme Court’s ruling, if it goes unchallenged, would write a blank check to the leader of our country, allowing future presidents to remain immune from abusing the levers of government. We must put a stop to it,” said Durbin. “My colleagues and I are introducing this constitutional amendment because our nation is governed by democratically-elected leaders with limited powers, not unchecked royalty.”
“The disastrous decision made by the Supreme Court’s majority—including three of Trump’s hand-picked Justices and two with clear ethical conflicts of interest—sent a resounding message to Donald Trump and any other would-be dictator that it is okay to act as the kind of lawless king our founders sought to escape,” said Duckworth. “If the Supreme Court won’t hold the highest leaders in our land accountable for their crimes, then Congress must. I’m proud to join my fellow Senate Democratic colleagues in introducing a constitutional amendment to make it clear: no one is above the law.”
In addition to Durbin, Duckworth, and Hirono, the amendment is cosponsored by U.S. Senators Chuck Schumer (D-NY), Laphonza Butler (D-CA), Tom Carper (D-DE), Jeanne Shaheen (D-NH), Sheldon Whitehouse (D-RI), Bernie Sanders (I-VT), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), Chris Coons (D-DE), Peter Welch (D-VT), Amy Klobuchar (D-MN), Angus King (I-ME), Jeff Merkley (D-OR), Chris Van Hollen (D-MD), Debbie Stabenow (D-MI), Brian Schatz (D-HI), Gary Peters (D-MI), Alex Padilla (D-CA), Bob Casey (D-PA), Edward J. Markey (D-MA), Elizabeth Warren (D-MA), Tina Smith (D-MN), Catherine Cortez Masto (D-NV), Jacky Rosen (D-NV), and Maria Cantwell (D-WA).
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