The Constitution’s impeachment clause gives Congress—not federal or state courts—sole jurisdiction over crimes presidents may commit while in office. It gives Congress authority to indict and try presidents for “high for high crimes and misdemeanors” they may commit while in office. This does not place presidents above the law. Although …
The Constitution’s impeachment clause gives Congress—not federal or state courts—sole jurisdiction over crimes presidents may commit while in office. It gives Congress authority to indict and try presidents for “high for high crimes and misdemeanors” they may commit while in office. This does not place presidents above the law. Although the impeachment clause limits punishment Congress may impose to removal from office, it provides that presidents tried and convicted by the Senate “shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.” But it does not say that presidents not impeached by Congress or presidents impeached, tried and acquitted by the Senate are liable to subsequent to indictment, judgment and punishment by federal or state courts.
Yesterday’s Supreme Court ruling actually erodes presidential immunity. The court relied on judicial precedent and the Federalist Papers to suggest that presidential immunity to prosecution by state and federal courts applies only to official acts, not unofficial acts. But the Constitution makes no such distinction. The reference to “high crimes and misdemeanors” applies to all crimes.
The Constitution’s impeachment clause gives Congress—not federal or state courts—sole jurisdiction over crimes presidents may commit while in office. It gives Congress authority to indict and try presidents for “high for high crimes and misdemeanors” they may commit while in office. This does not place presidents above the law. Although the impeachment clause limits punishment Congress may impose to removal from office, it provides that presidents tried and convicted by the Senate “shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.” But it does not say that presidents not impeached by Congress or presidents impeached, tried and acquitted by the Senate are liable to subsequent to indictment, judgment and punishment by federal or state courts.
Yesterday’s Supreme Court ruling actually erodes presidential immunity. The court relied on judicial precedent and the Federalist Papers to suggest that presidential immunity to prosecution by state and federal courts applies only to official acts, not unofficial acts. But the Constitution makes no such distinction. The reference to “high crimes and misdemeanors” applies to all crimes.