BY Benjamin ClarkJuly 27, 2024
3 months ago
BY 
 | July 27, 2024
3 months ago

NY Democrat Proposes Constitutional Amendment Limiting Presidential Immunity

In a bold legislative move, Rep. Joseph Morelle (D-NY) introduced a constitutional amendment to counter a recent Supreme Court ruling on presidential immunity.

As The Hill reports, the Democrat's amendment seeks to ensure that no official, including former presidents, can evade criminal charges under the guise of official duties, contrary to the SCOTUS holding.

The amendment was proposed in response to the aforementioned Supreme Court decision made earlier in July.

The court, in a split 6-3 ruling, determined that former presidents are granted absolute immunity for actions within their core responsibilities and presumptive immunity for other official acts.

This decision notably impacts former President Donald Trump, especially concerning his involvement in the events leading up to the Jan. 6, 2021, Capitol unrest.

His federal case pertaining to those actions has been sent back to a lower court to decide if Trump's conduct as president at that time is shielded from criminal liability.

Rep. Morelle Challenges Supreme Court's Decision

According to Morelle, the Supreme Court's ruling undermines the foundation of the U.S. democratic and constitutional order.

"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 declared vehemently during the introduction of the amendment.

He further elaborated on the principles underlying the nation's governance. "At its core, our nation relies on the principle that no American stands above another in the eyes of the law," Morelle stated, criticizing the court's decision for creating a judicial discrepancy against these values.

Morelle expressed the expectations that citizens have of their leaders. "The American people expect their leaders to be held to the same standards we hold for any member of our community," he remarked, emphasizing the need for accountability at all levels of government.

A Fight for Constitutional Equality

The Democrat's strong response highlights a broader political division on the issue of presidential immunity. Many Democrats view the Supreme Court’s decision as contradictory to the foundational principles of equal justice under law, a cornerstone of the American legal system.

Morelle's proposed amendment is clear in its intent: "Presidents are not monarchy, they are not tyrants, and shall not be immune," he stated, reflecting a rigorous stance on the matter.

The amendment stipulates that no official can use their office duties as a basis to claim immunity against criminal charges.

Adding to the gravity of the situation, it was articulated that while decisions on constitutional questions by the Supreme Court are nearly final, they can be altered through a constitutional amendment followed by a subsequent court ruling.

Amending the Constitution: A Rigorous Process

Amending the Constitution is an onerous process, involving multiple layers of ratification and widespread consensus.

This proposed amendment marks the beginning of a potentially prolonged legal and political battle that could redefine the scope of presidential powers and accountability in the United States.

As the case concerning Trump’s actions surrounding the Capitol riot continues in a lower court, the implications of Morelle's amendment could play a significant role in shaping future judicial interpretations of presidential immunity.

The broader legal and societal implications of this amendment and the Supreme Court's original ruling promise to stir ongoing debates and legislative actions focused on the balance of power and justice within the American political system.

Written by: Benjamin Clark

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