29 October 2024

We Need An Immunity Amendment

Legislation can't really overcome the U.S. Supreme Court's dangerous expansion of Presidential immunity from civil and criminal liability. This calls for a constitutional amendment, and if it is prospective, it might secure bipartisan support. I would suggest the following language:

No person acting under the color of state or federal law shall have immunity from civil or criminal consequences arising under federal law for their actions, except to the extent expressly provided by law by Congress.

This would put Presidential immunity, judicial immunity, prosecutorial immunity, and qualified immunity back in the hands of Congress, as a legislative decision, rather than allowing the U.S. Supreme Court to unilaterally decide its extent. 

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