HJRES 108
Proposing an amendment to the Constitution of the United States providing that there is no immunity from criminal prosecution for an act on the grounds that such act was within the constitutional authority or official duties of an individual, and providing that the President may not grant a pardon to himself or herself.
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Bill overview
This joint resolution proposes an amendment to the U.S. Constitution that would remove immunity from criminal prosecution for individuals, including the President, who commit crimes while performing their official duties. Specifically, it states that acting within constitutional authority or official duties cannot be a defense to criminal charges. Furthermore, the amendment prohibits the President from granting pardons to themselves.
Key provisions
- Eliminates immunity from criminal prosecution for officials acting within their constitutional authority.
- Prohibits the President from granting pardons to themselves.
- States that any violation of Federal law is subject to criminal prosecution.
- Clarifies that Senators and Representatives are exempt from the immunity provision when acting under the Sixth Amendment.
- Designates the amendment as self-executing, allowing Congress to enact implementing legislation.
Who is affected
- The President
- Federal Officials (including Senators and Representatives)
- Criminal defendants
- Congress
- The Judiciary
Notable changes
- This amendment would significantly alter the existing legal framework regarding executive immunity.
- It removes a key defense against criminal prosecution for high-ranking officials.
- It restricts the President’s power to pardon offenses against the United States.
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Primary sponsor
Cosponsors
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119th CONGRESS — 1st Session
H. J. RES. 108
IN THE HOUSE OF REPRESENTATIVES
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States providing that there is no immunity from criminal prosecution for an act on the grounds that such act was within the constitutional authority or official duties of an individual, and providing that the President may not grant a pardon to himself or herself.
That
the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: