House · HJRES 108 · 119th Congress
Proposing an amendment to the Constitution of the United States providing that there is no immunity from criminal prosecution for an act on the grounds that such act was within the constitutional authority or official duties of an individual, and providing that the President may not grant a pardon to himself or herself.
Summary
This proposed constitutional amendment would remove the idea that government officials can avoid criminal charges just because an act was part of their job. It also bars the President from pardoning himself or herself. The change would apply to the President, Vice President, members of Congress, and other federal officers.
In Favor
Right now, officials can avoid criminal charges by claiming their actions were part of their official duties. This amendment removes that defense, making acts like abuse of power or corrupt orders prosecutable in court. It also blocks presidents from pardoning themselves, closing a gap that could otherwise shield serious misconduct from any consequence.
Against
This amendment could make it harder for officials to act boldly without fear of political prosecution. Opponents may use criminal charges to punish rivals for tough but legal decisions. Removing presidential self-pardon power also limits a tool that has never been fully tested or defined by courts.
Additional Considerations
Purpose & Problem
Is the problem real and worth federal action?
This resolution proposes a constitutional amendment to remove immunity from criminal prosecution for federal officials acting in their official role. It also stops the President from pardoning himself or herself.
Scope & Related Provisions
Does it stay focused, or carry unrelated add-ons?
Both sections focus on the same core idea: limiting legal protections for federal officials. The provisions stay on topic and do not add unrelated items.
Who Is Affected
Who benefits, and who bears the cost?
The amendment applies to the President, Vice President, members of Congress, and all federal officers. It changes their legal standing in criminal cases and limits the President's pardon power.
Cost & Funding
Is it affordable and responsibly funded?
The bill authorizes no spending and sets no fees. It shifts costs onto Congress and courts to write laws and handle any new criminal cases that result from the amendment.
Risks & Implementation
What could go wrong in practice?
Constitutional amendments require approval from two-thirds of Congress and three-fourths of state legislatures, which is a high bar to clear. Courts may also face new questions about how to apply the amendment's language in practice.
For the actual bill text, see congress.gov.
AI-generated · Published 10/10/2026