Opinion
Mint Quick Edit | White House immunity is a self-evident flaw
Summary
- US President Joe Biden’s proposal of a constitutional change to drop presidential immunity from prosecution may be politically inspired, given how Donald Trump got off recently, but it’s consistent with the principle of equality under the law.
Among the major reforms that President Joe Biden has proposed for America’s judiciary, he wants the US Constitution amended to drop presidential immunity from prosecution. On 1 July, the US Supreme Court (SC) had ruled that former president Donald Trump couldn’t be hauled up for official actions while in office, covering much of what he allegedly did in an attempt to overturn the election result of 2020.
Biden’s proposal is politically inspired, clearly, and given the balance of power in Washington, it’s unlikely to pass legislative muster. It’s a worthy idea all the same.
Also read: Supreme Court rules ‘broad immunity’ in case against Donald Trump, Joe Biden warns of ‘dangerous precedent’
The Rawlsian equality exception demands that a citizen be entitled to privileges over others only for occupying a high office that’s open to all. But this exalted status must not include the privilege of violating laws with impunity if the Rule of Law is to prevail in both letter and spirit.
Top leaders being held to account under an agreed-upon rulebook should be an integral aspect of every democracy. The SC ruling had stunned distant observers, who began to doubt US adherence to values that it asks other nations to uphold. If the US expects to lead the “free world", it must insist on White House accountability.
