In a bold move to protect American democracy and reaffirm the principle that no one is above the law — not even the President — a group of over 30 U.S. Senators, led by Senate Majority Leader Chuck Schumer and Senators Jack Reed and Sheldon Whitehouse, have introduced the “No Kings Act.” This legislation, unveiled on August 2, 2024, is a direct response to the U.S. Supreme Court’s controversial ruling that granted broad criminal immunity to former President Donald Trump.
The bill’s name says it all: in the United States, we don’t crown kings — we elect presidents. And those presidents, like every other citizen, are accountable to the law.
Why the No Kings Act Matters Right Now
The Supreme Court’s recent decision — described by many legal experts and lawmakers as extreme and unprecedented — essentially shields presidents from criminal prosecution for actions taken while in office. Critics argue this opens the door to unchecked abuses of power.
Justice Ketanji Brown Jackson, in her scathing dissent, warned of what this ruling could mean for the future:
“Even a hypothetical President who admits to having ordered the assassinations of his political rivals or critics or one who indisputably instigates an unsuccessful coup has a fair shot at getting immunity…”
That’s not just shocking — it’s dangerous. This ruling undermines the system of checks and balances that’s supposed to prevent any one branch of government from becoming too powerful.
What the No Kings Act Proposes
The No Kings Act is designed to make it crystal clear: presidents and vice presidents are not above U.S. criminal law. Here’s what the legislation includes:
1. Presidents Can Be Prosecuted Like Anyone Else
The bill states that neither current nor former presidents or vice presidents can claim criminal immunity. If they break the law, they can be charged and prosecuted. Period.
2. Limits on Supreme Court Power Over Presidential Immunity
To prevent future judicial overreach, the bill removes the Supreme Court’s ability to hear appeals on this specific issue. Legal challenges would instead be handled by the U.S. District Court for the District of Columbia, with appeals going to the U.S. Court of Appeals for the D.C. Circuit. This is done under Congress’s authority granted by Article III of the Constitution.
3. Jurisdictional Safeguards and Clear Procedures
- Criminal charges can be filed against presidents or vice presidents in any applicable federal court.
- The No Kings Act would be presumed constitutional unless proven otherwise with clear and convincing evidence.
- Time limits are built in: 180 days for facial constitutional challenges and 90 days for specific, case-by-case constitutional claims.
A Line in the Sand: Congress Reasserts Its Authority
Historically, Congress has stepped in to challenge or overturn flawed Supreme Court decisions, from civil rights legislation to voting laws. The No Kings Act continues this tradition by defending core democratic principles.
Senator Reed put it plainly:
“The No Kings Act offers a commonsense solution that restores basic American values and clarifies that in America, the law is king — not the president.”
Senator Whitehouse, one of the Senate’s most vocal advocates for judicial reform, slammed the current Supreme Court for what he calls a “captured” institution:
“This Supreme Court invented out of thin air the idea that former presidents are absolutely immune from being held accountable… even to commit treason.”
Leader Schumer echoed the concern, saying:
“The Founders were explicit — no man in America shall be a king. Yet in their disastrous decision, the Supreme Court threw out centuries of precedent and anointed Trump and subsequent presidents as kings above the law.”
Who’s Backing the No Kings Act?
This isn’t just a fringe proposal. The bill is supported by a broad coalition of Senate Democrats (and Independents), including:
- Mazie Hirono (HI)
- Brian Schatz (HI)
- Ben Ray Luján (NM)
- Richard Blumenthal (CT)
- Tom Carper (DE)
- Peter Welch (VT)
- John Hickenlooper (CO)
- Bob Casey (PA)
- Chris Coons (DE)
- Jeanne Shaheen (NH)
- Tammy Baldwin (WI)
- Jeff Merkley (OR)
- Ben Cardin (MD)
- Dick Durbin (IL)
- Elizabeth Warren (MA)
- Patty Murray (WA)
- Chris Van Hollen (MD)
- Ed Markey (MA)
- Tammy Duckworth (IL)
- Amy Klobuchar (MN)
- Laphonza Butler (CA)
- Bernie Sanders (VT)
- Cory Booker (NJ)
- Kirsten Gillibrand (NY)
- Ron Wyden (OR)
- Angus King (ME)
- Martin Heinrich (NM)
- Debbie Stabenow (MI)
- Alex Padilla (CA)
- Gary Peters (MI)
- Raphael Warnock (GA)
Final Thoughts: Why Every American Should Care
This isn’t about politics — it’s about the rule of law. If one branch of government can exempt its leader from accountability, democracy breaks. That’s the real threat. The No Kings Act draws a hard line: presidents, past or present, cannot exploit their office to break the law and then hide behind it.
At its core, this legislation reminds us of a simple truth: in a democracy, no one is above the law — not even the president.
You can read the full No Kings Act here (PDF).
Press Contact:
Meaghan McCabe
(202) 224-2921
Want to stay updated on legislation like this? Follow Senate press releases here.
