Hirono Leads Colleagues in Introducing Constitutional Amendment to Clarify No One is Above the Law

WASHINGTON, DC – Today, U.S. Senator Mazie K. Hirono (D-HI), a member of the Senate Judiciary Committee, led 28 of her Senate colleagues in introducing a constitutional amendment making clear that no one in the United States is above the law, including the President. In addition to Senator Hirono, the amendment is cosponsored by Senate Majority Leader Chuck Schumer (D-NY), and Senators Laphonza Butler (D-CA), Tom Carper (D-DE), Jeanne Shaheen (D-NH), Sheldon Whitehouse (D-RI), Bernie Sanders (I-VT), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), Chris Coons (D-DE), Peter Welch (D-VT), Amy Klobuchar (D-MN), Angus King (I-ME), Jeff Merkley (D-OR), Chris Van Hollen (D-MD), Debbie Stabenow (D-MI), Brian Schatz (D-HI), Dick Durbin (D-IL), Gary Peters (D-MI), Alex Padilla (D-CA), Bob Casey (D-PA), Edward J. Markey (D-MA), Elizabeth Warren (D-MA), Tina Smith (D-MN), Tammy Duckworth (D-IL), Catherine Cortez Masto (D-NV), Jacky Rosen (D-NV), and Maria Cantwell (D-WA).

“The rule of law is what separates democracy from other forms of government,” said Senator Hirono. “The unprecedented decision made by the Supreme Court’s misguided majority massively weakened the rule of law as it applies to presidents. This constitutional amendment makes it abundantly clear that even if you are the President, Vice President, or any other government official, no one is above the law.”

In response to the Supreme Court’s unprecedented decision last month that Presidents are immune from prosecution for “official” actions, Senator Hirono’s amendment would clarify that Presidents and other federal officeholders are, in fact, accountable to the law for their actions. 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.

“Americans are tired of the Supreme Court acting without accountability,” said Leader Schumer. “No free nation can condone a king who refuses to acknowledge the limit of his power and vulnerability. But yet – that is what the MAGA Court has allowed Donald Trump to do. The time is now to act. Congress has a duty – and a Constitutional authority – to rein in this disastrous decision and reaffirm that all Presidents do not have immunity in federal crimes.”

“I am proud to stand with President Biden, Senator Hirono, and my fellow Senate colleagues in holding elected officials who break the law accountable,” said Senator Butler. “It is important for us to send a clear message to the American people that our nation is a democracy, not a monarchy and that no person, regardless of their position of power, is above the law.”

“The far-right radicals on the Supreme Court invented out of thin air an untested and unprecedented new doctrine placing the President above the law, the Founding Fathers’ greatest fear,” said Senator Whitehouse, Chair of the Senate Judiciary Subcommittee on Federal Courts.  “President Biden was right to call for a constitutional amendment to fix the right-wing justices’ disastrous decision on presidential immunity, and I’m very pleased to support this effort by Senator Hirono.”

“I am proud to stand with my Senate colleagues to propose a constitutional amendment to reaffirm one of our nation’s most fundamental principles: no person, not even the President, is above the law,” said Senator Booker. “The Supreme Court’s decision to effectively grant a ‘law free zone’ around the President is a threat to our democracy and a gross perversion of the constitution just to give cover to a corrupt president. It is imperative that Congress acts now to ensure all people holding office are held accountable for any crimes they may commit.”

“No one is above the law — especially not the president of the United States,” said Senator Gillibrand. “The president, vice president, and other government officials must be held accountable if they abuse their official powers and responsibilities. I am proud to join my colleagues in introducing this constitutional amendment to fix the Supreme Court’s dangerous decision on presidential immunity and clarify that no one is above the law.”

“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 Supreme Court of the United States had an opportunity to uphold one of our country’s most basic tenets, that we are a nation of laws. Instead, it provided broad immunity to Presidential actions that may apply even if these acts are criminal or treasonous,” said Senator Shaheen. “No one should be above the law, which is why I’m proud to back this constitutional amendment ensuring that this foundational principle applies to everyone —regardless of whether she or he is the President.”

“Trump v. United States put lawbreaking presidents like Donald Trump above the law—granting them a legal immunity enjoyed by no other citizen. This constitutional amendment removes the broad shield and legal armor that would allow a president to flagrantly abuse their office—upholding the checks and balances that are central to our fair and democratic government,” said Senator Blumenthal.

The full text of the amendment is available here.

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