Biden Calls for Amended Constitution in Apparent Move Against Trump

On Wednesday evening, President Joe Biden called for a Constitutional amendment to eliminate presidential immunity for actions taken while in office.

The remarks, delivered during his farewell address, follow years of legal challenges faced by President-elect Donald Trump, along with accusations from Democrats regarding alleged crimes during his first term. Many observers view the proposed amendment as a direct response to Trump’s tenure.

“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,” Biden stated from the Oval Office.

“The president’s power is not unlimited. It’s not absolute. And it shouldn’t be,” he added.

The issue of presidential immunity gained significant attention last summer after the Supreme Court’s ruling in Trump v. United States. The court determined that presidents have absolute immunity for actions within their core constitutional duties, presumptive immunity for broader official acts, but no immunity for unofficial acts.

Chief Justice John Roberts, writing for the majority, stated: “Like everyone else, the President is subject to prosecution in his unofficial capacity.”

“But unlike anyone else, the President is a branch of government, and the Constitution vests in him sweeping powers and duties,” Roberts continued. “Accounting for that reality — and ensuring that the President may exercise those powers forcefully, as the Framers anticipated he would — does not place him above the law; it preserves the basic structure of the Constitution from which that law derives.”

The court refrained from deciding whether presidential immunity applied to certain alleged actions by Trump, instead sending that aspect of the case back to a lower court for further consideration.

Biden was vocal in his criticism of the decision.

“The presidency is the most powerful office in the world,” Biden said the day the ruling was issued, according to a White House transcript.

“It’s an office that not only tests your judgment but, perhaps even more importantly, your character. The role demands both the courage to wield its immense powers and the wisdom to respect the boundaries of those powers,” he added.

Biden argued that the Supreme Court’s decision “fundamentally changed” the presidency. “For all practical purposes, today’s decision almost certainly means that there are virtually no limits on what a president can do,” he said.

He also warned that the ruling could embolden Trump if he takes office again, claiming it might allow him to act “without constraint.”

Despite Biden’s call for a Constitutional amendment, the path to such a change is a formidable one.

Proposing an amendment requires approval by a two-thirds majority in both the House and Senate or a two-thirds majority of state legislatures calling for a Constitutional convention. Afterward, three-fourths of state legislatures or state conventions must ratify the amendment.

Given these steep requirements, amending the Constitution remains a rare and difficult endeavor.