Prioritizing Democracy
Rep. Joseph Morelle of New York, the ranking Democrat on the House Administration Committee, has informed his colleagues of his plan to introduce the resolution, initiating the often lengthy amendment process.
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“This amendment will do what SCOTUS failed to do — prioritize our democracy,” Morelle stated to AP.
Trump Should be Held Accountable
Referencing Donald Trump, Morelle emphasized the need for the former president to be held accountable for his actions.
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Morelle urged his colleagues to support the amendment and join him in protecting democracy.
Most Substantial Reaction
This legislative effort is the most substantial reaction yet to the Supreme Court’s conservative majority decision.
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The decision shocked Washington and was met with a strong dissent from the court’s liberal justices.
Remote Possibility
The dissent warned of the decision’s dangers to democracy, especially with Trump eyeing a return to the White House.
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Despite this, the amendment faces slim chances of passing in the current Congress.
Presidents Have Broad Immunity
Chief Justice John Roberts, writing for the majority, asserted that presidents possess broad immunity from criminal prosecution for actions within their official duties.
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This ruling casts uncertainty on the Justice Department’s cases against Trump, including those related to his attempts to overturn the 2020 election.
Trump Supports Decision
Trump and his supporters welcomed the court’s decision, which included three justices appointed by him.
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Following the ruling, Trump’s legal team quickly sought to delay his sentencing in an unrelated hush money case in New York state court.
Unresolved Before Election
The judge postponed the sentencing until fall.
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This development likely means that federal cases against Trump will remain unresolved before the November election, where he is expected to face President Joe Biden again.
Most Reliable Method
Although the constitutional amendment process is lengthy and may never be completed, proponents argue it is the most reliable method.
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It is seen as being even more reliable than new legislation to establish that presidents are accountable for their actions.
"Presidents are citizens, not tyrants"
“This amendment will guarantee that no public officer of the United States — including the president — is able to evade the accountability that any other American would face for violating our laws,” Morelle wrote in his letter to colleagues.
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He referenced dissenting opinions from Justices Sonia Sotomayor and Ketanji Brown Jackson, concluding with his own words: “Presidents are citizens, not tyrants.”
"Assault on American democracy"
Rep. Alexandria Ocasio-Cortez announced plans on Monday to file articles of impeachment against the justices over the ruling, calling it “an assault on American democracy.”
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“It is up to Congress to defend our nation from this authoritarian capture,” Ocasio-Cortez declared on social media. “I intend on filing articles of impeachment upon our return.”
Likelihood of Success
Congress has the authority to initiate the constitutional amendment process and then send it to the states for ratification.
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This requires a two-thirds majority in both the House and Senate, which is highly unlikely in the current divided government, and ratification by three-fourths of the states. To date, there have been 27 amendments to the U.S. Constitution.