In other words, Dershowitz will argue the exact opposite of the position of the Framers of the Constitution.
“The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.”
—Federalist No. 65 (Alexander Hamilton)
“Mr. MADISON thought it indispensable that some provision should be made for defending the Community agst. the incapacity, negligence or perfidy of the chief Magistrate.
“The limitation of the period of his service, was not a sufficient security. He might lose his capacity after his appointment. He might pervert his administration into a scheme of peculation or oppression. He might betray his trust to foreign powers.
“In the case of the Executive Magistracy which was to be administered by a single man, loss of capacity or corruption was more within the compass of probable events, and either of them might be fatal to the Republic.”
“Mr. RANDOLPH. The propriety of impeachments was a favorite principle with him. Guilt wherever found ought to be punished.
“The Executive will have great opportunitys of abusing his power; particularly in time of war when the military force, and in some respects the public money will be in his hands.
“Should no regular punishment be provided, it will be irregularly inflicted by tumults & insurrections.”
—Notes of Debates in the Federal Convention of 1787, Reported by James Madison, Friday, July 20, 1787
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