President Joe Biden during his farewell speech on Wednesday made an urgent plea for a constitutional amendment that would abolish presidential immunity.
Why It Matters
The Supreme Court in July 2024 ruled that presidents have some immunity—on the condition that it relates to “official acts” as part of their presidential duties.
That limit hasn’t been tested, but it led to Justice Department special counsel Jack Smith scrapping his investigation into President-elect Donald Trump after he secured victory in the 2024 election. Trump had faced a number of investigations and court cases that by and large disappeared following the High Court ruling.
Only the conviction in the New York state hush money trial proceeded, with the Supreme Court refusing to intervene in Trump’s bid to avoid sentencing, which was an “unconditional discharge,” amounting to a ruling that does not impose any punishment, fine or conditions on a defendant after conviction.
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What To Know
Biden in a televised address from the Oval Office on Wednesday evening bid farewell as he prepared to exit the White House and close his one term as president. He discussed his legacy and raised concerns about the future, including the dangers of a growing oligarchy in the U.S. and the risks of leaving a “tech industrial complex” unchecked.
He also surprisingly called upon lawmakers to create a new amendment to the Constitution that would effectively undermine the Supreme Court ruling on presidential immunity, saying: “We need to amend the Constitution to make clear that no president, no president, is immune from crimes that he or she commits while in office.”
“President’s power is not unlimited: It’s not absolute, and it shouldn’t be, and in a democracy, there’s another danger to the concentration of power and wealth,” Biden said. “It erodes a sense of unity and common purpose. It causes distrust and division. Participating in our democracy becomes exhausting and even disillusioning, and people don’t feel like they have a fair shot.”
“We have to stay engaged in the process,” Biden insisted. “I know it’s frustrating. A fair shot is what makes America America. Everyone’s entitled to a fair shot, not a guarantee, just a fair shot, an even playing field, going as far as your hard work and talent can take you. We can never lose that essential truth, remain who we are.”
The last amendment to the Constitution was the 27th Amendment, which was passed on May 7, 1992. It delayed passage of any law that would affect congressional salary from taking effect until after the next election of representatives. Before that, the 26th Amendment lowered the voting age to 18 on July 1, 1981.
Passing an amendment, according to Article Five of the Constitution, requires that Congress with a two-thirds majority in both the House of Representatives and Senate deem it necessary to propose an amendment to states.
An amendment then requires three-fourths of all states to ratify the amendment through their legislatures. The 21st Amendment, however, was passed at state-ratifying conventions, which repealed Prohibition.
What People Are Saying
Ron Filipkowski, vocal Trump critic and editor-in-chief at Meidas Touch, wrote on X, formerly Twitter: “But the conservative “strict constructionists” on SCOTUS found presidential immunity in the Constitution. It’s right there in Article … No, not in any Articles. It’s in Amendment … No, not in any Amendment. It’s almost like they did what they always accused the libs of doing.”
Frank Runyeon, New York courts reporter for Law360, wrote on X that Biden was “taking a swing at SCOTUS’ presidential immunity decision & Trump’s full-throated support for it.”
Democratic National Committee Chair Jaime Harrison in a statement said: “As we recommit to our fight against the threats that Donald Trump and his MAGA cronies pose to the American people, we also owe a debt of gratitude to President Biden and will continue to honor and uplift his legacy.”
What Happens Next?
The media and pundits have already started to pick apart Biden’s speech, which included several bold statements about the country and has ruffled some feathers. In the coming days, more people will discuss the full slate of points Biden raised, including his call for a new amendment.
Any such amendment would be up to the new Congress, sworn in on January 3, or some future Congress to try to tackle the issue.
