Senators Carper and Coons Join Colleagues in Co-Sponsoring Constitutional Amendment to Clarify No One is Above the Law

Last week, U.S. Senators Tom Carper and Chris Coons (both D-Del.) joined 27 of their Senate colleagues in co-sponsoring the introduction of a constitutional amendment that reiterates no one in the United States is above the law, including the President. The amendment comes in response to the Supreme Court’s recent, unprecedented decision that Presidents are immune from prosecution for “official” actions, and clarifies that Presidents and other federal officeholders are accountable under the rule of law for their actions.

“Presidents are not kings. It was a principle first established at the Constitutional Convention in Philadelphia – not far from the communities I represent today. When Benjamin Franklin was famously asked if our Constitution established a monarchy or a republic, he uttered that America would be ‘a republic, if you can keep it.’ These wise words are particularly relevant today in light of the Supreme Court’s recent unprecedented decision to grant U.S. presidents broad criminal immunity,” said Senator Carper. “It’s clear that Congress must act to protect our republic, and I’m proud to support this proposal to amend our Constitution and affirm that all Americans – even the President of the United States – are held accountable when they break the law. We must reaffirm that absolutely no one is above the law in our country.”

“The President of the United States—like every other American—is bound by the rule of law. I’m proud to join Senator Hirono, Senator Carper, and many of my colleagues in introducing a constitutional amendment to reaffirm this fundamental pillar of our democracy. This constitutional amendment is a critical step in ensuring that the American justice system remains strong and impartial,” said Senator Coons.

Originally introduced by Senator Mazie Hirono (D-Hawaii), the amendment is now supported by the majority of the Senate Democratic Caucus. In addition to Senators Carper and Coons, the amendment is co-sponsored by Senate Majority Leader Chuck Schumer (D-N.Y.), and Senators Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Laphonza Butler (D-Calif.), Bob Casey (D-Pa.), Maria Cantwell (D-Wash.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Kirsten Gillibrand (D-N.Y.), Angus King (I-Maine), Amy Klobuchar (D-Minn.), Edward Markey (D-Mass.), Jeff Merkley (D-Ore.), Alex Padilla (D-Calif.), Gary Peters (D-Mich.), Jacky Rosen (D-Nev.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Jeanne Shaheen (D-N.H.), Tina Smith (D-Minn.), Debbie Stabenow (D-Mich.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Sheldon Whitehouse (D-R.I.).

Specifically, the amendment states that every person holding a position of authority under the United States, including the President and the Vice President, is criminally liable for actions both official and unofficial under any generally-applicable criminal laws they violate.

The full text of the amendment is available here.

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