Trump said Saturday that the founders wanted him to have immunity, but Alexander Hamilton wrote otherwise in The Federalist Papers.
Trump wrote on Truth Social. “Without presidential immunity, the Presidency would lose its power and authority, and under some leaders, have no power at all. The presidency will be consumed by other branches of government. OUR FOUNDERS DON'T WANT THIS.”
Trump's claim is absolute nonsense.
The Founders were very clear about their views on executive power and its limits.
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In The Federalist 69, Alexander Hamilton wrote to contrast presidential power with that of a king or ruler;
The President of the United States will be an officer elected by the people for four years. The King of Great Britain is a perpetual and Hereditary Prince. One may suffer personal punishment and disgrace; the person of the other is sacred and inviolable. One will have a QUALITATIVE negative on acts of the legislature. the other has an ABSOLUTE negative. He will have the right to lead the country's military and naval forces. the other, in addition to this right, has the power of declaring war, of raising navies and armies, and of regulation by his own authority. One would have concurrent power with either branch of the legislature in making treaties; the other is the SOLE OWNER of the right to conclude contracts. One will have similar authority in appointing positions; the other is the sole author of all assignments.
A person cannot give any privileges. another may make alien inhabitants, nobles of common people; may form corporations having all the rights of bodies corporate. Can any rule be made concerning the trade or currency of a nation; the other is in several respects the arbiter of trade, and in this capacity may establish markets and fairs, may regulate weights and measures, may impose embargoes for a limited time, may issue money, may permit or prohibit the circulation of foreign coin. One has not a particle of spiritual authority; the other is the supreme head and ruler of the national church. What answer shall we give to those who would convince us that such things are alike? The same must be given to those who tell us that a government, the whole power of which will be in the hands of the elected and periodic servants of the people, is an aristocracy, a monarchy, and a despotism.
The founders designed a system where the president is not king. By design, the president does not have absolute or unlimited power with zero accountability.
Reading the Founders' speech highlights that the Supreme Court is hearing Trump's immunity claim.
Donald Trump did not have unlimited immunity as president, and he does not have unlimited immunity as a former president.
Hamilton wrote that presidents are not aristocrats, monarchs, or despots.
Presidential power is limited, and no president, no matter how much they want to, is above the law.
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Jason is the editor-in-chief. She is also the White House Press Center and Congressional Correspondent for PoliticusUSA. Jason has a BA in Political Science. Her graduate work focused on public policy, specializing in social reform movements.
Awards and professional memberships
Member of the Society of Professional Journalists and the American Political Science Association
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