Rep. Morelle and House Democrats Propose Constitutional Amendment to End Immunity for Presidents
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.
This bill is currently in the early stages of the legislative process after being sent to the House Committee on the Judiciary for review. No further actions are scheduled at this time, and the bill is not moving forward. There is no companion bill listed for this proposal.
Legislative Progress
Key Points
- This proposed constitutional amendment would strip immunity from criminal prosecution for all federal officials, including the president, vice president, and members of Congress, when they claim their actions were part of their official duties.
From policy text
“No officer of the United States, including the President and the Vice President, or a Senator or Representative in Congress, shall be immune from criminal prosecution for any violation of otherwise valid Federal law, nor for any violation of State law unless the alleged criminal act was authorized by valid Federal law, on the sole ground that their alleged criminal act was within the conclusive and preclusive constitutional authority of their office or related to their official duties”
View in full text - The amendment would explicitly ban the president from pardoning themselves for federal offenses, settling a long-running legal question that has never been fully resolved by the courts.
From policy text
“The President shall have no power to grant a reprieve or pardon for offenses against the United States to himself or herself.”
View in full text - The proposal preserves one existing protection: the Speech or Debate Clause, which shields members of Congress from prosecution for their legislative speech and debate activities on the floor.
From policy text
“except for Senators and Representatives acting pursuant to the first clause of the sixth section of the first article.”
View in full text - Because this is a constitutional amendment, it faces an extremely high bar for passage. It needs a two-thirds vote in both the House and Senate, followed by ratification from three-fourths of all state legislatures.
From policy text
“Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), 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”
View in full text - The amendment is designed to take effect on its own without needing additional laws, though Congress could pass follow-up legislation to help carry it out.
From policy text
“This amendment is self-executing, and Congress shall have the power to enact legislation to facilitate the implementation of this amendment.”
View in full text
Impact Analysis
Personal Impact
Milestones
Referred to the House Committee on the Judiciary.
Introduced in House
Related News
3 articles
Biden demands constitutional amendment on presidential immunity in final warning before Trump takes power
In his final address to the nation, Joe Biden called for a new Constitutional amendment to demolish the concept of presidential 'immunity' from criminal prosecution, stating that the president's power is not absolute and should be limited by the rule of law.
Biden calls for Supreme Court reform
President Joe Biden called for a constitutional amendment to counter the court's recent presidential immunity ruling, coined the 'No One Is Above the Law Amendment.' He emphasized that the Constitution does not protect presidents from federal criminal indictment or sentencing.
The 2025 Upstate Power 100
Rep. Joe Morelle, ranking member of the House Administration Committee, has been a leading voice in proposing a constitutional amendment to reverse the Supreme Court's immunity decision, seeking to prioritize accountability and integrity in the executive branch.
Source Information
Document Type
Congressional Bill
Official Title
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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