Schumer's proposed legislation likely would violate the U.S. Constitution, Article I, Section 9, Clause 3: 'No Bill of Attainder or ex post facto Law shall be passed.'
Schumer’s proposed legislation likely would violate the U.S. Constitution, Article I, Section 9, Clause 3: “No Bill of Attainder or ex post facto Law shall be passed.”Senator Chuck Schumer is working on legislation which would strip Donald Trump of the immunity granted to to him and other presidents in a.
Schumer said the court’s conservative justices had “effectively placed a crown on Donald Trump’s head,” putting him above the law and making him “in many ways untouchable.” In the second and third clauses, the Constitution specifically guarantees rights to those accused of crimes. It provides that the privilege of a writ of habeas corpus, which allows a prisoner to challenge his or her imprisonment in court, cannot be suspended except in extreme circumstances such as rebellion or invasion, where the public is in danger. Suspension of the writ of habeas corpus has occurred only a few times in history.
I have no idea what constitutional power Schumer believes he has that would allow such a gambit to even begin to pass muster. Separation of powers exists, and the legislature has never been able to dictate what qualifies as an official act of the presidency. If it could, then there would be no actual official acts because any hostile Congress could arbitrarily decide on a whim to reverse any such qualification.
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