Should Congress decide on presidential immunity, rather than the Supreme Court?

Awaiting Vote
Bill Summary

This bill reaffirms Congress's constitutional authority to apply federal criminal laws to all individuals, including Presidents and Vice Presidents, and rejects the notion of presidential immunity from criminal prosecution. It declares that no person is above the law, emphasizing that the President is not akin to a king with absolute immunity. The bill counters a recent Supreme Court ruling granting immunity to Presidents for official acts, asserting that such interpretations conflict with the Constitution and historical principles. The Act explicitly denies immunity unless specified by Congress, limits the Supreme Court’s jurisdiction in cases involving criminal acts by Presidents or Vice Presidents, and establishes strict guidelines for legal challenges to the Act's provisions. It reinforces the accountability of public officials to criminal laws while preserving Congress's legislative authority over such matters. Sponsor: Senate Majority Leader Chuck Schumer (Democrat, New York)
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Opponents say

•   "The President is not above the law. But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts." Chief Justice John Roberts in his ruling on Trump vs. United States


•   "Telling the high court what kinds of cases it can and cannot hear, as Schumer’s bill would do, is a dangerous and constitutionally questionable mechanism for dealing with Supreme Court decisions with which Congress disagrees." Source: Ruth Marcus, Washington Post Columnist

Proponents say

•   "In a dangerous and devastating ruling, the MAGA Supreme Court has once again subverted the will of the American people, and the very idea of democracy itself. The Founders were explicit – no man in America shall be a king. Yet, in their disastrous decision, the Supreme Court threw out centuries of precedent and anointed Trump and subsequent presidents as kings above the law. Given the dangerous and consequential implications of the Court’s ruling, legislation would be the fastest and most efficient method to correcting the grave precedent the Trump ruling presented.  With this glaring and partisan overreach, Congress has an obligation  – and a constitutional authority – to act as a check and balance to the judicial branch." Source: Senate Majority Leader Chuck Schumer (Democrat, New York)


•   "This legislation unequivocally affirms that presidents are not kings who stand above the law. The Supreme Court’s recent presidential immunity decision was one of the most dangerous in our nation’s history, grievously wounding our system of checks and balances. Congress must step in to correct the court’s misapplication of the Constitution. This pro-democracy legislation strikes back against the extremist court by ensuring that presidents are accountable under the law." Source: Ben Olinsky, senior vice president for Structural Reform and Governance at the Center for American Progress


•   "The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today. Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law." Source: Justice Sonia Sotomayor in her dissent on Trump vs. United States.