Proposed Amendment Challenging Presidential Immunity Gains Support
Terri Sewell, a Democratic representative from Alabama, has expressed her support for a constitutional amendment aimed at removing immunity for presidents. This “President’s Accountability Amendment,” introduced by Joe Morelle, a fellow Democrat from New York, seeks to hold high-ranking government officials accountable for criminal actions.
Morelle initially proposed this amendment last year, and it aims to clarify that presidents, vice presidents, and Congress members are not exempt from prosecution. Notably, the amendment would strip the president of the power to forgive or retire crimes committed against the United States.
Morelle’s reasoning for the amendment stems from a 2024 Supreme Court decision in the case of Trump vs. United States, which was criticized by former Justice Department adviser Jack Smith. The Supreme Court’s ruling, decided by a 6-3 vote, favored the president, affirming that he possessed “absolute immunity from criminal prosecution for conduct” tied to his constitutional duties.
The ruling, penned by Chief Justice John Roberts, further suggested that a president should at least enjoy a presumption of immunity for actions taken during their term.
During a press conference outside the Capitol, Sewell voiced her support for Morelle’s proposal, emphasizing her district’s historical contributions to civil rights. “People in my district were pivotal in passing the Civil Rights Act of 1964 and the Voting Rights Act of 1965,” she noted. “We know the importance of equality and justice for all. And importantly, no one in America is above the law.”
Sewell criticized the Trump vs. United States ruling, labeling it a significant threat to democracy and asserting that it grants excessive power to the executive branch. “Now is the time for us to take action to correct this wrong,” she stated. “We must remember, we aren’t ruled by a king; our president must adhere to our laws or face consequences.”
According to Sewell and Morelle’s office, their amendment is gaining traction, with over 60% of House Democrats in support. Sewell stands as the sole representative from Alabama backing this initiative.
Interestingly, some Alabama Republicans, including Senators Katie Britt and Tommy Tuberville, along with several Congress members, have supported the Supreme Court’s decision. Morelle criticized the ruling for undermining the Constitution’s democratic principles, calling the concept of unlimited presidential immunity an untenable doctrine.
Additionally, representatives from various advocacy groups, including End Citizens United and American Way, joined Sewell and Morelle to publicly announce the amendment. For this proposal to progress, it must receive a two-thirds majority vote in both chambers of Congress and be ratified by three-quarters of state legislatures.
