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« I'll take for "Prostitutes" for $300, Alex | Main | American logic marches on »

November 24, 2019



If a President can't be impeached, what is the alternative? Benjamin Franklin, in the debate over impeachment during that hot summer in Philadelphia, said the following:

"History furnishes one example only of a first Magistrate being formally brought to public Justice. Every body cried out against this as unconstitutional. What was the practice before this in cases where the chief Magistrate rendered himself obnoxious? Why recourse was had to assassination in which he was not only deprived of his life but of the opportunity of vindicating his character. It would be the best way therefore to provide in the Constitution for the regular punishment of the Executive when his misconduct should deserve it, and for his honorable acquittal when he should be unjustly accused."

His statement was discussed at some length by Josh Chafetz in the Minnesota Law Review. I suggest we all take a look at the full article, which can be downloaded here:


Michael Flower

The URL to the Chafetz piece is only this part:


Thanks, Michael. i caught that right after I posted the comment, but when I tried to correct it with a reply/second comment, it didn't work.





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