Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Declaring Opposition
Purpose: Resolution declaring opposition to the Supreme Court Ruling on Presidential Immunity.
Date: July 1, 2024
Sponsor(s): Council Member, Luis A. Quintana
Additional Information:
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WHEREAS, the July 1st decision of the U.S. Supreme Court in the case of Trump v. United States granting Presidents broad immunity from prosecution gives those leaders the power to commit crimes under the guise of official action, posing a direct threat to our democracy and the rule of law. Further, the majority justices ruled that courts cannot explore a President's motive when assessing whether a President has broken the law. The action of the Court's majority has transformed a President into a King who is above the law; and
WHEREAS, the Court's ruling demolishes two centuries of American law and practice, dating back to Alexander Hamilton's time. Hamilton said that that Presidents are subject to criminal prosecution and wrote that it was a key distinction between presidents and kings; and
WHEREAS, in her dissent to the decision, Justice Sotomayor stated that "Today's decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law; and
WHEREAS, Justice Sotomayor also states in her dissent that "The Court effectively creates a law-free zone around the President, upsetting the status quo that has existed since the Founding. This new official-acts immunity now lies about like a loaded weapon for any President that wishes to place his own interests, his own political survival, or his own financial gain, above the interests of the Nation. The President of the United States is the most power...
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