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A leading House Democrat has proposed a constitutional amendment aimed at reversing the controversial decision by the U.S. Supreme Court that grants qualified immunity to police officers accused of violating citizens’ rights. The proposal, which is scheduled for consideration in Congress next month, comes amidst growing calls for police reform and racial justice in the wake of George Floyd’s death.
Here are five key points about this proposed constitutional amendment:
Qualified Immunity is a legal doctrine that protects government officials, including law enforcement officers, from being held personally liable for violating someone’s constitutional rights. This means that even if a police officer has acted in a way that violates the law or someone’s rights, they cannot be held accountable for their actions.
In recent years, the Supreme Court has expanded the scope of qualified immunity, making it increasingly difficult for victims to hold police officers accountable for their actions. Since 2005, there have been over 30 cases where the Supreme Court granted qualified immunity to police officers accused of using excessive force or other violations.
Representative Ayanna Pressley (D-MA) has introduced a constitutional amendment that seeks to reverse the Supreme Court’s decision on qualified immunity. The amendment would explicitly state that individuals have the right to sue government officials, including police officers, for violating their constitutional rights.
This proposed constitutional amendment is just one of many efforts being made by lawmakers to address systemic issues within law enforcement and promote racial justice. In addition, cities across the country are also implementing various reforms such as banning chokeholds and requiring body cameras for all police officers.
While this proposed amendment has gained support from many civil rights organizations and activists, it will likely face significant challenges in Congress. Constitutional amendments require a two-thirds majority vote in both the House and Senate, as well as ratification by at least 38 states.
As the nation continues to grapple with issues surrounding police brutality and systemic racism, this proposed constitutional amendment serves as a crucial step towards promoting accountability and justice for all citizens.
As Representative Pressley stated: “We cannot wait any longer to end qualified immunity and hold law enforcement accountable for their actions.” The future of this proposed amendment remains uncertain, but its introduction reflects the urgency for change and progress in our justice system.