Thom Hartmann - At the Philadelphia Constitutional Convention in September of 1787, James Madison, noting that the Virginia constitution gave “some executive immunities related to the criminal process” to that state’s governor, asked the assembled delegates to “consider what privileges ought to be allowed to the Executive.” Not a single delegate rose to defend the position; instead, Charles Pinckney called for an adjournment for the day. During an 1800 debate in the US Senate, Pinckney explained to his colleagues that “it was the design of the Constitution, and . . . not only its spirit, but letter . . . that it never was intended to give Congress, or either branch, any but specified, and those very limited, privileges indeed.”
As Jack Smith noted in his written pleadings before the Supreme Court, “James Wilson told the Pennsylvania ratifying convention, the president was ‘far from being above the laws,’ and ‘not a single privilege [was] annexed to his character.’”
Tench Coxe, who I quoted extensively in The Hidden History of American Democracy, noted in a 1787 essay that it was the intention of the Founders that a president could be “proceeded against like any other man in the ordinary course of law.” And, indeed, when Vice President Aaron Burr fatally shot Alexander Hamilton in a duel, two different states brought murder indictments against him and not a single court objected or argued that the executive branch should have immunity from prosecution under criminal law.
But don’t tell any of that to the Republicans on the Supreme Court.
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