Opinion To protect rule of law, Congress must check Supreme Court overreach
Opinion | To protect rule of law, Congress must check Supreme Court overreach The Washington Post
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The Supreme Court’s Dangerous Ruling and the Need for Congressional Action
Introduction
Charles E. Schumer, a Democrat from New York, is majority leader of the U.S. Senate.
The Supreme Court’s Recent Ruling
The Supreme Court recently handed down one of the most dangerous rulings in its history, granting vast immunity to presidents from criminal prosecution. This decision violates one of the most important precepts of our country and our Constitution: No person is above the law, not even the president.
A Violation of Founding Principles
America’s Founding Fathers, deeply fearful of tyranny, would be appalled by the unchecked power the Supreme Court handed to our executive branch in the Donald Trump immunity decision. They are probably turning in their graves over this decision.
Congressional Power to Correct Overreach
However, in their infinite wisdom 235 years ago, the Founders provided a remedy to prevent any branch of government from becoming too powerful.
The No Kings Act
It’s with this congressional power in mind that I introduced the No Kings Act with 36 of my colleagues. This bill would overturn the court’s unprecedented ruling and restore that long-standing American principle — that a president must be subject to the laws of the land. The bill would direct courts, during federal criminal prosecutions of presidents, not to consider whether an action was official or unofficial unless prescribed by Congress.
Historical Precedents
As widely documented by legal scholars, the Constitution gives the people, through Congress, the power to correct excessive overreach by the Supreme Court. Article III, Section 2, Clause 2 of the Constitution empowers Congress to create “exceptions” and “regulations” to the appellate jurisdiction of the Supreme Court.
Protecting Democracy
Congress has the constitutional authority to oversee the Supreme Court and correct decisions that threaten our democracy. This power has been rarely used, but there have been instances in the past where Congress curbed the court’s jurisdiction to protect our democratic principles.
Supreme Court Reform
Supreme Court reform is critical to our democracy. We cannot wait for political winds to shift or for the court to fix itself. Protective measures like those proposed in the No Kings Act are justified by the Supreme Court’s actions and must be part of the conversation.
Source: washingtonpost.com
