State Criminal Prosecution of a Former United States President in United States Domestic State Courts: A Thought-Experiment on Limits to the United States President’s Constitutional Powers Regarding Armed Conflict

Abstract

This article does a thought experiment to suggest the limits of the United States President’s Constitutional Powers regarding Armed Conflict. It then examines how state criminal prosecution (as opposed to federal criminal prosecution or impeachment) might be an avenue in United States separation of powers and federalism to seek accountability for Presidents who act outside the limits of the powers available constitutionally and even with a Congressional grant of powers.

Keywords: President, Constituion, Executive power, Commander-in-Chief, Foreign Affairts, separation of powers, federalism, criminal prosecution, armed conflict