Say, I wonder if this amendment will also end the immunity for members of Congress? Because they essentially do have the same thing
A legal doctrine that protects legislators from being sued for all actions taken in the sphere of legitimate legislative activity. The purpose of legislative immunity is to ensure that the legislative function may be performed independently without fear of outside interference.
Legislative immunity is granted to Congress by the Speech or Debate Clause in Article I of the Constitution and has been extended to state and local legislators through the federal common law. Additionally, 43 states have speech or debate clauses in their own constitutions. Legislative immunity also extends to officials outside the legislative branch participating in the legislative process. For example, a mayor presenting a budget to the city council. However, acts that are unrelated to a legislator’s duties (e.g. defamatory statements made during a press conference) and acts that occur without lawful authority (e.g. unconstitutional procedures for enacting legislation or a subcommittee investigator illegally seizing documents without a subpoena) are not immune.
That’s pretty much what the Supreme Court. Did you know members of Congress could be let go if they get in an accident while performing official duties such as rushing to a vote or heading to a meeting?
House Democrat is proposing a constitutional amendment to reverse Supreme Court’s immunity decision
A leading House Democrat is preparing a constitutional amendment in response to the Supreme Court’s landmark immunity ruling, seeking to reverse the decision “and ensure that no president is above the law.”
Rep. Joseph Morelle of New York, the top Democrat on the House Administration Committee, sent a letter to colleagues informing them of his intent to file the resolution, which would kickstart what’s traditionally a cumbersome amendment process.
“This amendment will do what SCOTUS failed to do — prioritize our democracy,” Morelle said in a statement to AP.
In referring to Donald Trump, Morelle said the former president “must be held accountable for his decisions. I urge my colleagues to support my amendment and stand with me on the front line to protect our democracy.”
Will the House even vote on this? Even if it makes it out of Congress, can they get 3/4ths of the states? Morella does understand that there is a Constitutional measure to deal with bad behavior by Presidents, right? Hey, if we remove immunity we can prosecute Biden for his terrible Afghanistan withdrawal, for drone striking a family, and for the deaths of American service members, right? How about trying him for his border policy, leaving it wide open and allowing unvetted illegal aliens who have hurt and killed Americans, right? Joe could be charged as an accessory to murder for the killing of Jocelyn Nungaray. How about for all his graft while in office?
“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 a letter to colleagues this week.
Hmm, so, members of Congress will immediately be in legal trouble for what amounts to insider trading for the rest of the citizens? They can be sued for defamation? Anyhow, does he understand this won’t affect Trump at all, because it will takes years if it passes, and cannot be retroactive, per the Constitution.
Read: Rep. Joseph Morelle (D) To Introduce Amendment To End Presidential Immunity »