Abstract

Abstract There is nothing unprecedented about prosecuting Donald Trump. While it’s certainly true that no president has (yet) to be indicted, if we look at to the long stretch of English political-legal history, we find many precedents. Because what happened in England fueled the American Revolution and the Framers’ view of the chief executive. As Richard II and Charles I discovered to their cost, acting as if they were above the law could lead to their deposition and eventual death, and the framers agreed. Thomas Jefferson asserted in A Summary View of the Rights of British America (1774), retained “the powers of punishment or removal” of their rulers. Holding the chief executive, whether a king, a prime minister, or a president is irrelevant, to account for alleged crimes is, as the phrase goes, baked into American constitutional law. But the Supreme Court has ruled otherwise. The president now enjoys the immunity Charles I claimed. We are now at the cusp of something without precedent: an absolutist presidency.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.