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Following Historic & Dangerous Trump Immunity Ruling, Leader Schumer Led 34 Democratic Senators In Launching “No Kings Act” To Crack Down On Dangerous Precedent – To Eliminate Immunity For Presidents’ & VPs’ Crimes And Tap Into Congress’ Constitutional Authority To Restrict Judiciary Overreach

Washington, D.C. – Today, Senate Majority Leader Chuck Schumer (D-NY) led 34 of his Democratic Senate colleagues in introducing the No Kings Act, which would reaffirm that Presidents and Vice Presidents do not have immunity for actions that violate federal criminal law and clarify that Congress, not the Supreme Court, determines to whom federal criminal laws may be applied. The text of the No Kings Act can be seen here.

The very basis of our democracy is the idea that no man is above the law. But on July 1st, 2024, the Supreme Court took the unprecedented step to overturn this most simple premise of our constitutional order. In response, Majority Leader Schumer is leading 34 of his Democratic Senate colleagues in introducing the No Kings Act, which would reaffirm that the President is not immune to legal accountability and remove the Supreme Court’s jurisdiction to hear appeals related to presidential immunity.

“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,” said Leader Schumer. “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.”

The No Kings Act would:

  1. 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.
  2. 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.
  3. 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 American 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 constitutional decisions from the Supreme Court when lawmakers believed the Court misapplied the Constitution.

This legislation currently has 34 co-sponsors: Chuck Schumer (D-NY), Mazie Hirono (D-HI), Brian Schatz (D-HI), Ben Ray Luján (D-NM), Jack Reed (D-RI), Richard Blumenthal (D-CT), Tom Carper (D-DE), Peter Welch (D-VT), John Hickenlooper (D-CO), Bob Casey (D-PA), Chris Coons (D-DE), Jeanne Shaheen (D-NH), Tammy Baldwin (D-WI), Jeff Merkley (D-OR), Ben Cardin (D-MD), Dick Durbin (D-IL), Elizabeth Warren (D-MA), Patty Murray (D-WA), Chris Van Hollen (D-MD), Ed Markey (D-MA), Tammy Duckworth (D-IL), Amy Klobuchar (D-MN), Laphonza Butler (D-CA), Sheldon Whitehouse (D-RI), Bernie Sanders (I-VT), Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), Ron Wyden (D-OR), Angus King (I-ME), Martin Heinrich (D-NM), Debbie Stabenow (D-MI), Alex Padilla (D-CA), Gary Peters (D-MI), and Raphael Warnock (D-GA).

The full text of the No Kings Act can be seen here.

A one-pager summarizing the bill can be seen here.

A summary of Congress’s history of legislating constitutional issues can be seen here.

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