by David Tollen | Jan 10, 2021 | The Early Modern Age, The Recent Modern Age, Current Politics, Legal History
The Constitution says nothing specific about whether Congress can impeach an official after his or her term. That didn’t stop the House of Representatives from impeaching the Secretary of War in 1876, after he left office — or the Senate from trying him....
by David Tollen | Jan 10, 2021 | The Early Modern Age, The Recent Modern Age, Current Politics, Legal History
The Framers of the Constitution based the presidential pardon on the English monarch’s power to grant pardons. And the monarch could not pardon himself — could not use executive power to escape the judgement of the courts. Parliament established that...
by David Tollen | Jan 28, 2020 | The Recent Modern Age, Current Politics
Here’s a prediction. As Benedict Arnold means treason to Americans, Donald Trump will someday mean corruption. And politicians who support him will be painted by the same brush. Tale of a War Hero Benedict Arnold was a successful merchant and an accomplished...
by David Tollen | Nov 25, 2019 | The Recent Modern Age, Legal History
Almost every U.S. state has an independent attorney general. Forty-eight of our state governors cannot fire their AG at will, so they can’t avoid justice through control of state prosecutors. American Presidents, however, however, can fire the U.S. Attorney...
by David Tollen | Oct 10, 2016 | The Recent Modern Age, Legal History
Last night, Donald Trump told Hillary Clinton he plans to put her in jail if he’s elected President of the United States. Dictators threaten to arrest political rivals. American presidential candidates never have. One of the central features of our democracy,...