Based Underground is now a conservative news aggregator AND curated newsletter.
(DCNF)—Democrats’ latest proposal for a bill targeting the Supreme Court’s presidential immunity ruling highlights their willingness to undermine a co-equal branch of government when they don’t like the outcome of its decisions, legal experts told the Daily Caller News Foundation.
Days after President Joe Biden called for a constitutional amendment making it clear “no President is above the law or immune from prosecution for crimes committed while in office,” Democratic Senate Majority Leader Chuck Schumer introduced a bill that aims to reverse the Supreme Court’s presidential immunity ruling. Schumer’s “No Kings Act” introduced on Thursday doesn’t stop with reversing the Supreme Court’s decision, but would strip the Supreme Court of jurisdiction to even consider challenges to prosecuting a former president for alleged crimes related to official acts, along with challenges to the bill itself.
“None of that is constitutional,” Ilya Shapiro, senior fellow and director of constitutional studies at the Manhattan Institute, told the DCNF in reference to the provisions of Schumer’s bill.
Shapiro said both Schumer’s bill and Biden’s proposal for an amendment are “making too much” of Chief Justice John Roberts’ majority opinion.
“It’s a reasonable and fairly narrow decision,” he said. “The outcry about it is either disingenuous or just not understanding the law.”
The Supreme Court held on July 1 that presidents have immunity from criminal prosecution for “official acts” taken in office. The majority opinion left the task of analyzing which allegations in former President Donald Trump’s indictment are official acts subject to immunity for the lower courts.
John Yoo, University of California, Berkeley law school professor, told the DCNF that “the call to override the Court on the presidential immunity decision is part and parcel of Kamala Harris’s progressive assault on the Constitution.”
“Overruling the Court — through unconstitutional means such as a statute — show the disregard progressives hold for a co-equal branch of government,” Yoo said. “It fits with the call to place term limits on the Justices, which Biden proposes and Harris supports, or even to pack the Court, which Harris called for in 2020. It is an obvious threat, even if it never passes, against the Court simply because progressives disagree with the Court’s interpretation of the Constitution.”
Vote line-ups from the past term conflict with Democrats’ narrative that the Supreme Court is “out of control.”
Several high-profile cases, including challenges to the abortion pill and former president Donald Trump’s eligibility for the 2024 ballot, ended in unanimous rulings. Just half of the 22 decisions that split 6-3 were divided along expected ideological lines, with the Republican-appointed justices on one side and the Democrat appointees on the other, according to Empirical SCOTUS.
- Preserve your retirement with physical precious metals. Receive your free gold guide from Genesis Precious Metals to learn how.
Cornell Law School professor William Jacobson told the Daily Caller News Foundation the bill is just “the latest salvo in the Democrats’ war on the Supreme Court.”
“If Democrats want to abolish presidential immunity, they cannot do so retroactively, but could try to pass a prospective constitutional amendment,” Jacobson told the DCNF. “Recognizing the unlikelihood of a constitutional amendment, Schumer seeks an end run by trying to limit the right to appeal to the Supreme Court. Whether that work-around is viable remains to be seen, but there is nothing principled about it.”
Biden proposed on Monday implementing term limits for justices, passing a binding code of ethics and enacting a constitutional amendment clarifying presidents do not have immunity from prosecution for official acts.
The Founders were explicit: no man in America shall be a king.
But the MAGA Supreme Court threw out centuries of precedent and anointed Trump and subsequent presidents as kings above the law.
That's why I'm introducing the No Kings Act to crack down on this dangerous precedent.
— Chuck Schumer (@SenSchumer) August 1, 2024
Since Schumer’s bill would limit the Supreme Court’s jurisdiction, South Texas College of Law Houston professor Josh Blackman highlighted in Reason that “a conviction of the President of the United States would stop with the inferior courts, and most likely, the D.C. Circuit, which by the way, will have a Democratic-appointed majority for at least the next two decades or so.”
Blackman noted the bill stands “no chance” of passing in the current Congress, but could pass if Vice President Kamala Harris wins the election and Democrats take majorities in both houses.
“Once the Supreme Court’s jurisdiction is stripped for presidential immunity, it is only a matter of time before similar bills are passed for abortion, the Second Amendment, RFRA, and so on,” Blackman wrote. “This bottomless hole keeps going deeper.”
(Featured Image Media Credit: Screen Capture/CSPAN)
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact [email protected].
Ten Election Irregularities That Have Occurred During Early Voting So Far
by Just The News
A variety of election irregularities – at least ten of them – have occurred across the country in the weeks leading up to Election Day, as some states have reported record-breaking turnout during early voting. The issues range from burning ballot boxes to fake voter registrations, with the close presidential…
Will Gold and Silver Prices Drop if Donald Trump Wins?
by Sponsored Post
It’s well-established among economists that if Kamala Harris wins the presidential election, gold and silver will likely shoot up in value. But what if Donald Trump wins? With his chances of victory increasing, should gold and silver owners sell now because values will drop during his second term? “Considering everything…
Election Skullduggery From Around the Nation
by PJ Media
To the surprise of no one with an ounce of grey matter, the 2024 election irregularities have begun, and, as expected, Democrats are responsible for almost of the malfeasance. Roughly 57 million Americans have already voted as of this writing, and I’ve found a K2-sized pile of evidence showing the…
P. Diddy ‘Kept Meticulous Records’ of His Parties and ‘Has Enough Dirt to Hang Expose of Hollywood’
by End Times Headlines
Sean “P. Diddy” Combs has had zero support from exes, including Jennifer Lopez and Cameron Diaz, who are in a major panic that he’ll drag them down by spilling sordid secrets about them if he winds up wearing a number, a source exclusively tells In Touch. “It’s not like they’ve…
What if Harris Gets Away With It?
by The Blaze
On Nov. 5, the American experiment in republican government may well come to an end. Over the past two decades, we have been living through a slow-motion communist revolution. Acts of political warfare have become commonplace. The most devastating has been the corruption of our election system. Having vilified Donald…
Here Are 8 Major Election Developments That Everyone Needs to Know About
by Michael Snyder
(The Economic Collapse Blog)—Can you believe that we are less than a week away from Election Day? Over 57 million Americans have already voted, and in some states more than half of the total expected vote is already in. So it may already be too late for a last minute…
Democrats Plan for Color Revolution
by Zero Hedge
It feels like there’s been a notable shift amongst Democrats in the last month. A recent sense of fatalism – or perhaps just simple resignation to what appears to be an inevitable Trump win. But as it turns out, there are some Democrats who have been preparing for this potential…
This Election Will Not Prevent the Coming Chaos
by Mike Pottage
(WND)—It seems the justice system is overwhelmed by criminal cases involving illegals, and this puts Americans at risk of being short changed by that system. What is even more astounding is the fact this crisis was created by the Democrat Party and was 50 years in the making, and yet…
House Republicans Warn White House It Could Have Violated Federal Law by Editing Biden’s Transcript
by Just The News
House Republican Conference Chair Elise Stefanik and House Oversight Committee Chairman James Comer accused the White House on Wednesday of publishing a “false transcript” of President Joe Biden’s controversial remarks on Tuesday, and warned doing so could have violated federal law. The president appeared to say that supporters of former…
As Christians Go To The Polls, We Must Remember: The Future Of Our Nation Is At Stake
by Harbingers Daily
In just a few days, our nation will hold one of the most consequential elections in decades. Voters will go to the polls on Tuesday, Nov. 5, to cast their ballots for the next president of the United States, as well as for many crucial congressional, state and local offices….
‘Fertility Call Checks’ — Chinese Communists Cold-Call Women Demanding Details About Their Periods
by Breitbart
Chinese women are flooding regime-controlled social media with complaints that local Communist Party officials are making phone calls to harass them into having more children, the South China Morning Post reported on Tuesday. The callers, government “grassroots” officials, sometimes demand details of their private lives including the timing of their…
Absolutely Massive Food Bank Demand in the Swing States of Pennsylvania, Michigan and Wisconsin
by Michael Snyder
(The Economic Collapse Blog)—The economy is the number one political issue in America right now, and it isn’t because the economy is doing well. The long-term economic collapse that I have been writing about for years is playing out right in front of our eyes, and it is going to have…