Congress proposes stripping presidential immunity from criminal law
H.J.Res. 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. · Filed by Joseph Morelle (D-NY) · 185 cosponsors · Introduced Jul 22, 2025 · Referred to committee
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What it does
This proposed constitutional amendment would eliminate immunity from criminal prosecution for federal officials—including the President, Vice President, and members of Congress—based on their official duties or constitutional authority. It also prohibits the President from pardoning himself or herself. The amendment is designed to ensure that no federal official can escape criminal liability by claiming their actions were within their constitutional powers.
Why we flagged it
This is a straightforward constitutional amendment proposal that directly addresses executive and legislative immunity from criminal prosecution. It contains no hidden provisions, tax carve-outs, or sector-specific benefits—only a structural change to the Constitution's treatment of official immunity.
What the text implies
- Ratification would require 38 state legislatures to approve, making passage extremely difficult and unlikely in the near term; the amendment's practical effect depends entirely on political will across three-fourths of states.
- The carve-out for Senators and Representatives acting under the Speech or Debate Clause (Article I, Section 6) preserves legislative immunity for floor speech and related acts, but removes it for other official conduct.
The full analysis lists 5 implications of this text.
Who it affects
Ordinary citizens gain stronger accountability over federal officials and reduced risk of unchecked executive power. The amendment closes a legal pathway that could shield officials from criminal prosecution for abuse of office, strengthening the rule of law and democratic accountability.