Schumer, Senate Democrats push ‘No Kings Act’ erasing Supreme Court’s immunity ruling

Senate Majority Leader Charles E. Schumer announced Thursday that he’s introduced legislation that would allow presidents and vice presidents to be prosecuted for federal crimes, effectively undoing the Supreme Court’s recent immunity ruling.

The New York Democrat was joined by more than two dozen of his Democratic colleagues in pushing for the “No Kings Act.”

His bill would preclude the Supreme Court from hearing legal challenges to the legislation and from weighing a president or vice president’s criminal appeal.

[OCS: This bill would impose restrictions on the Court’s right of judicial review. This power allows the Court to interpret the Constitution and invalidate laws and executive actions that it finds unconstitutional. The authority of judicial review is not explicitly stated in the Constitution but was established by the landmark case Marbury v. Madison in 1803.

In Marbury v. Madison, Chief Justice John Marshall wrote the opinion for the Court, which established that it is the duty of the judicial branch to say what the law is. This case set a precedent for the Supreme Court’s authority to review and potentially overturn statutes and actions of the other branches of government if they are found to be in conflict with the Constitution. This power is fundamental to the U.S. government’s checks and balances system.]

Instead, any legal challenges would be heard in the District Court for the District of Columbia, and appeals would be settled by the D.C. Circuit Court of Appeals.

[OCS: The bill, as described above, is most likely to be unconstitutional as it deprives the president or vice president from accessing judicial protections available to all citizens as the ultimate protection from dishonest prosecutors and politically biased courts such as those in the District Court for the District of Columbia and the D.C. Circuit Court of Appeals]

“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,” Mr. Schumer said.

[OCS: Essentially, the Court’s rulings, especially those that limit federal power or maintain the separation of powers, annoy Schumer and his cadre of progressive communist democrats.

Schumer is a proponent of “court-packing” and has advocated for establishing a commission to study potential reforms to the Supreme Court, including but not limited to the possibility of expanding the number of justices. There are three Justices with obvious progressive biases (Sonia Sotomayor, Elena Kagan, and  Ketanji Brown Jackson), there are two strict textualists (Clarence Thomas and Samuel A. Alito), and the remaining four (John Roberts, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett) swing both ways. The progressive communist democrats want a reliable progressive majority to allow them to bypass the popular will of the people and enact laws without congressional or presidential approval.]

“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,” he added. <Source>

[OCS: This is disingenuous as there is no greater fiefdom than congressional offices and their petty tyrants. This is a continuing assault on democracy by those who insist you have to destroy democracy to rebuild democracy.]

118th CONGRESS

2d Session

H. R. ______

IN THE HOUSE OF REPRESENTATIVES

[Date]

Mr./Ms. [Name] introduced the following bill; which was referred to the Committee on the Judiciary.

AN ACT

To ensure that members of Congress are subject to federal laws that apply to the general public and to preclude congressional exemptions from federal law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Equal Accountability Act of 2024”.

SECTION 2. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that—

1.  Public trust in government is essential for a functioning democracy;

2.  Members of Congress should be held to the same legal standards as the general public;

3.  Exemptions from federal laws for members of Congress undermine the principles of equality and accountability.

(b) PURPOSE.—The purpose of this Act is to ensure that members of Congress are subject to the same federal laws as the general public and to eliminate any special exemptions that apply exclusively to them.

SECTION 3. APPLICATION OF FEDERAL LAWS TO MEMBERS OF CONGRESS.

(a) APPLICATION OF LAWS.—Notwithstanding any other provision of law, all federal laws that apply to the general public shall apply equally to members of Congress.

(b) REPEAL OF CONGRESSIONAL EXEMPTIONS.—Any provision of law that exempts members of Congress from any federal law is hereby repealed.

(c) NO NEW EXEMPTIONS.—No new law or amendment to an existing law shall include any provision that exempts members of Congress from the application of that law.

SECTION 4. IMPLEMENTATION AND ENFORCEMENT.

(a) IMPLEMENTATION.—The Attorney General shall ensure that members of Congress comply with all federal laws that apply to the general public.

(b) ENFORCEMENT.—The Attorney General shall have the authority to bring civil or criminal actions against members of Congress who violate federal laws, just as they would for any other citizen.

SECTION 5. EFFECTIVE DATE.

This Act shall take effect immediately upon enactment.