If a future president incites a violent mob like that seen on January 6, 2021, to storm the Capitol and disrupt the peaceful transfer of power, there may be no legal consequences.
And that's just the beginning.
In addition to dangerous and extreme decisions that overturn established legal precedents, Roe v. Wade — The Supreme Court is in the midst of an ethical crisis. Scandals involving several Justices have caused the public to question the Court's impartiality and independence, which are essential to faithfully carrying out its mission of equal justice under the law. For example, undisclosed gifts to Justices from individuals with interests in Supreme Court cases and conflicts of interest with participants in the January 6 riots raise legitimate questions about the Court's impartiality.
I served in the United States Senate for 36 years, including as Chairman and Ranking Member of the Judiciary Committee. As a Senator, Vice President and President, I have overseen more Supreme Court nominations than anyone living today. I have great respect for our American institution and the separation of powers.
What is happening is extraordinary and undermines public confidence in court decisions, including those that affect individual liberties. We are in a crisis.
That's why, as threats to America's democratic institutions grow, I'm calling for three bold reforms to restore trust and accountability in the courts and our democracy.
First, I am calling for a constitutional amendment that states “no one is above the law.” no Immunity for former presidents for crimes committed while in office. I share our Founding Fathers' belief that presidential power is limited, not absolute. We are a nation of laws, not kings or dictators.
Second, presidential term limits have been in place for nearly 75 years. We should place similar limits on Supreme Court justices. The United States is the only major constitutional democracy that seats Supreme Court justices for life. Term limits help ensure that the Court's membership changes regularly, making appointments more predictable and less arbitrary. They reduce the likelihood that a presidential term will fundamentally change the composition of the Supreme Court for generations to come. I support a system in which the president appoints justices every two years, with justices serving 18 years on the Supreme Court.
Third, I want a binding code of conduct for the Supreme Court. This is common sense. The Supreme Court's current voluntary code of ethics is weak and self-enforcing. Justices should be required to disclose gifts, refrain from public political activity, and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. All other federal judges are bound by enforceable codes of conduct, and there is no reason why the Supreme Court should be exempt.
These three reforms are supported by a majority of Americans. — I would also like to thank conservative and liberal constitutional scholars, and the bipartisan Presidential Commission on the Supreme Court of the United States, whose insightful analysis has informed some of these proposals.
Abuses of presidential power can and must be stopped. We can and must restore public confidence in the Supreme Court. We can and must strengthen the guardrails of our democracy.
In America, no one is above the law. In America, the people rule.
