Well, just when you thought you’d seen it all in Washington, along comes Senator Chuck Schumer with a legislative curveball that’s got conservatives scratching their heads and constitutional scholars reaching for their smelling salts. The “No Kings Act” has landed on Capitol Hill like a political hand grenade, and we’re here to break down the shrapnel for you. Get ready – this one’s a doozy.
The Act’s Core Provisions
The “No Kings Act” is Senator Schumer’s attempt to strip presidents of criminal immunity and limit the Supreme Court’s jurisdiction over presidential prosecutions. The bill’s key provisions include:
1. Eliminating criminal immunity for sitting and former presidents.
2. Restricting the Supreme Court’s ability to review cases related to presidential prosecutions.
3. Designating specific courts for litigation involving the Act.
Per Reason.com, the act determines that, “The Supreme Court of the United States shall have no appellate jurisdiction, on the basis that an alleged criminal act was within the conclusive or preclusive constitutional authority of a President or Vice President or on the basis that an alleged criminal act was related to the official duties of a President or Vice President.
Legal and Constitutional Implications
The “No King Act” raises serious constitutional questions and potential separation of powers issues. In addition to challenging the Supreme Court’s role in interpreting the Constitution, the Act attempts to limit judicial review.
Reports also indicate that the law would allow for the prosecution of past presidents and vice presidents across the United States. If a future president wanted to challenge the act, they would need to go through the courts of the District of Columbia rather than SCOTUS.
As reported by Reason.com, the act says, “In a civil action under this subsection, a decision of the United States Court of Appeals for the District of Columbia Circuit shall be final and not appealable to the Supreme Court of the United States.”
Broader Impacts
If enacted, the “No Kings Act” could significantly alter the landscape of presidential accountability. It also challenges the balance of power between the three branches of government. Might this raise the question of whether judicial review could be limited in other areas?
However, as it stands, the “No Kings Act” is unlikely to gain much traction. It would need a total of 60 votes to stand a chance in the Senate. Meanwhile, the GOP-controlled House isn’t expected to even give it the time of day.
Sources
- Senator Schumer Goes Nuclear With “No King Act”
- Schumer introduces bill to strip Trump’s presidential immunity
- ‘No Kings Act’: Schumer advances Biden SCOTUS overhaul with bill to strip Trump’s immunity
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