Washington, D.C. – U.S. Senators Ron Wyden and Jeff Merkley said today they have joined Senate Majority Leader Chuck Schumer, D-N.Y., and 31 other senators in introducing legislation that would reaffirm that presidents and vice presidents do not have immunity for actions that violate federal criminal law. The legislation also clarifies that Congress, not the Supreme Court, determines to whom federal criminal laws may be applied.
On July 1, 2024, the Supreme Court took the unprecedented step to upend the basic principle of our democracy that no person is above the law. In response, the senators’ No Kings Act would reaffirm that the president is not immune to legal accountability and ensure the Supreme Court cannot upend that most basic principle again.
“In a ruling that overturned centuries of precedent, the right-wing Supreme Court carelessly took a sledgehammer to the foundations of our country,” Wyden said. “The United States was founded on the basis of escaping a monarchy. Nobody – not even our presidents – can get away with immunity. There’s nothing more patriotic than equality under the law, and this bill would take the country back to our roots by disallowing any tyrant to be treated like royalty.”
“In a blatant betrayal of government ‘of, by, and for the people,’ the MAGA Supreme Court ripped the word ‘President’ out of our Constitution and inserted the word ‘King,’ Merkley said. “A president is not a king. Nobody is above the law. Congress must exercise its constitutional authority to restore balance between the three branches of our government.”
Specifically, the No Kings Act would:
- Reaffirm that presidents and vice presidents do not have immunity for actions that violate U.S. criminal law. No president or vice president (former or sitting) would be entitled to immunity from criminal prosecution for actions that violate the criminal laws of the United States. The bill would clarify that Congress, not the Supreme Court, determines to whom federal criminal laws may be applied.
- Remove the Supreme Court’s appellate jurisdiction for all actions challenging the constitutionality of this legislation. The bill would allow presidents and vice presidents to challenge the constitutionality of the No Kings Act in the United States District Court for the District of Columbia. Any appeal would be handled by the United States Court of Appeals for the District of Columbia Circuit. Using the Exceptions Clause of Article III of the Constitution, Congress would preclude the Supreme Court from hearing any appeals to these challenges. It would further remove the Supreme Court’s appellate jurisdiction to interfere with any criminal proceedings involving presidents or vice presidents on the basis that an alleged criminal act was an official action.
- Establish additional jurisdictional and procedural guardrails. The bill would allow the United States to bring criminal actions against a president or vice president in any applicable district court or the United States District Court for the District of Columbia. It would also create a presumption of constitutionality for the No Kings Act unless a party establishes its unconstitutionality with clear and convincing evidence. Lastly, the bill would create statutes of limitations of 180 days for facial constitutional challenges and 90 days for as-applied constitutional challenges.
Across U.S. history, Congress has exercised its authority to legislate on constitutional matters. From civil rights to religion to regulating elections, Congress has often enacted federal statutes directly contravening decisions from the Supreme Court when lawmakers believed the Court misapplied the Constitution. A summary of Congress’s history of legislating constitutional issues is here.
In addition to Wyden and Merkley, the legislation is also cosponsored by U.S. Senators Tammy Baldwin (D-Wis.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Laphonza Butler (D-Calif.), Ben Cardin (D-Md.), Tom Carper (D-Del.), Bob Casey (D-Pa.), Chris Coons (D-Del.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Kirsten Gillibrand (D-N.Y.), Martin Heinrich (D-N.M.), John Hickenlooper (D-Colo.), Mazie Hirono (D-Hawaii), Angus King (I-Maine), Amy Klobuchar (D-Minn.), Ben Ray Luján (D-N.M.), Ed Markey (D-Mass.), Patty Murray (D-Wash.), Gary Peters (D-Mich.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawai’i), Jeanne Shaheen (D-N.H.), Debbie Stabenow (D-Mich.), Chris Van Hollen (D-Md.), Raphael Warnock (D-Ga.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Sheldon Whitehouse (D-R.I.).
Full text of the No Kings Act is here.
A one-pager summarizing the bill is here.
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