Senate Majority Leader Chuck Schumer will introduce legislation Thursday reaffirming that presidents do not have immunity for criminal actions, an attempt to reverse the Supreme Court’s landmark decision last month.
Schumer’s No Kings Act would attempt to invalidate the decision by declaring that presidents are not immune from criminal law and clarifying that Congress, not the Supreme Court, determines to whom federal criminal law is applied.
The court’s conservative majority decided July 1 that presidents have broad immunity from criminal prosecution for actions taken within their official duties — a decision that threw into doubt the Justice Department’s case against Republican former President Donald Trump for his efforts to overturn his 2020 election loss.
Schumer, of New York, said that Congress has an obligation and the constitutional authority to check the Supreme Court on its decision.
Yes. The supreme court exists to interpret unclear parts of legislation. If you make a constitutional amendment that says “you cannot do X”, it is outside of their authority to say “actually, you can do X”. Not that that’s stopped them before…
AFAIK if it were normal legislation the SC could rule it unconstitutional. It would have to be a proper constitutional amendment requiring 2/3 congress ratifying and unanimous State support in order to render the SC powerless to F with it. Even then, SC could probably F with its interpretation to the point it is toothless. Please correct me if I’m wrong because I hope I am.
Not unanimous state support, 75%
Which is still basically impossible right now
3/4s of states need to ratify. So 38 state legislatures need to agree.