U.S. Senator Mazie K. Hirono (D-HI), a member of the Senate Judiciary Committee, has released a discussion draft of a constitutional amendment aimed at clarifying that no one in the United States, including the President, is above the law.
“The rule of law is what separates democracy from other forms of government,” said Senator Hirono. “For centuries, Americans have understood the rule of law to apply to all Americans, including the President. But in a misguided and ahistorical decision, the Supreme Court majority massively weakened the rule of law as it applies to presidents. This constitutional amendment would make clear that the rule of law applies to everyone, including presidents.”
The proposed amendment comes in response to last month’s Supreme Court decision stating that Presidents are immune from prosecution for “official” actions. Senator Hirono’s amendment seeks to clarify that Presidents are accountable under any generally-applicable criminal laws for both official and unofficial actions.
The amendment specifies that the President, Vice President, and all civil officers of the U.S. government are criminally liable for their actions under any applicable criminal laws they violate.
The full text of Senator Hirono’s amendment is available here.