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CD295: Consequences of the Supreme Court

Congressional Dish

NOTE

Constitutional Immunity for Presidents

The Constitution does not provide immunity from criminal prosecution for former presidents, unlike other office holders like senators and representatives who have limited immunity under certain circumstances. The Founders chose not to include an immunity clause for the president, likely due to their experience under King George III's tyranny, which led them to design a government with divided powers to prevent the concentration of power in one individual. The Constitution implies that presidents are subject to lawsuits and prosecution, as the impeachment judgment clause states that impeached officials remain liable to indictment, trial, and punishment according to the law.

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