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We the People

Presidential Immunity From the Founding to Today

Jul 12, 2024
Law professors Sai Prakash and Michael McConnell discuss the Supreme Court's ruling on presidential immunity, exploring historical perspectives, evolution of presidential power, constraints on immunity, and interpretations of Federalist 77. They delve into the balance of powers, executive authority, and implications for the behavior of executive officials.
53:39

Podcast summary created with Snipd AI

Quick takeaways

  • Presidents have presumptive immunity from prosecution for official acts, not unofficial acts.
  • The Supreme Court ruling on presidential immunity does not align with the original understanding of the Constitution.

Deep dives

Supreme Court ruling grants presidential immunity for official acts

The recent Supreme Court ruling in Trump v. United States established that the president enjoys presumptive immunity from prosecution for official acts, with a 6-3 decision. While the decision does not align with the original understanding of the Constitution, it has deep-rooted grounds in pragmatic considerations recognized in previous court decisions. The immunity from prosecution extends to a defined scope of official acts, signaling future decisions on immunity for presidential conduct.

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