Historians Stephen Knott and David O. Stewart discuss the Trump criminal verdict, historical attacks on the judiciary by presidents, power struggles in American politics, Reconstruction aftermath, progressive era changes, impacts of Nixon and Clinton on the rule of law, and Trump's claims of a rigged trial.
Presidents' historical interactions with the judicial system reveal attitudes ranging from authoritarianism to majoritarian governance.
Presidents like Jefferson, Jackson, and Johnson displayed varying degrees of hostility, defiance, and adherence to the rule of law.
Deep dives
Attacks on the Judicial System Throughout U.S. History
Throughout U.S. history, presidents have had varying attitudes towards the judicial system. In the wake of the 2023 Trump criminal verdict, historical events like Jefferson's actions towards Burr, Jackson's nullification efforts, the Johnson impeachment, and the Reconstruction post-Civil War era shed light on how presidents interacted with the judicial system and the rule of law.
Jefferson's Approach to the Rule of Law
Thomas Jefferson's actions, including proposing treason trials and impeachment of Federalist judges, reflect a border-line authoritarian attitude towards opponents. While he believed in coordinate review, his attempts to undermine the judiciary illustrate a philosophical objection to the courts that extended into hostility towards their perceived power.
Andrew Jackson's Defiance and Demagoguery
Andrew Jackson's contempt for technicalities and persistent attacks on the legal system while pursuing martial law and defying minority rights reveal a demagogic streak in his presidency. His attitudes towards the judiciary and rule of law, including confronting the nullification crisis, demonstrated a mixed legacy of defiance and reconciliation.
Trial of Andrew Johnson and the Rule of Law
Andrew Johnson's resistance to Civil War amendments and his actions during impeachment proceedings showcased his majoritarian perspective, emphasizing the majority's governance over minority rights. While defending his actions within legal constraints, his confrontations with Congress and adherence to legal proceedings during the trial highlight diverse attitudes towards the rule of law.
On May 30, former President Donald Trump was convicted of 34 felony counts of falsifying business records to conceal hush money payments made during the 2016 election, making him the first U.S. president to be convicted of a crime. In this episode, two leading historians of the presidency—Stephen Knott of the United States Naval War College, and bestsellingand author and attorney David O. Stewart—join Jeffrey Rosen to explore presidential attacks on the judicial system and rule of law throughout American history. They also discuss what this history can teach us in the wake of the Trump criminal verdict.