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.
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.
Plain Language Summary
# Summary of HJRES 108 **What the Bill Would Do** This proposed constitutional amendment would make two major changes to U.S. law. First, it would eliminate official immunity—the legal protection that shields government officials from criminal prosecution for actions taken as part of their official duties. Second, it would prohibit the President from issuing pardons to themselves. If passed, these changes would apply to the President and all other government officials. **Who It Affects and Key Details** This amendment would primarily affect the President, but also applies to all federal, state, and local government officials. Currently, officials can claim immunity in certain circumstances based on the scope of their duties.
The bill would remove that protection entirely for criminal prosecutions. The amendment also directly addresses presidential self-pardons, which the Constitution currently does not explicitly forbid. Because this is a constitutional amendment, it would require approval from two-thirds of both the House and Senate, followed by ratification by three-fourths of state legislatures. **Current Status** HJRES 108 is currently in committee and has not advanced further in the legislative process. The bill was introduced in the 119th Congress by Representative Joseph D. Morelle (D-NY).
Latest Action
Referred to the House Committee on the Judiciary.