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

11 Pages Posted: 26 Sep 2012 Last revised: 12 Dec 2012

See all articles by Benjamin Davis

Benjamin Davis

University of Toledo College of Law

Date Written: September 24, 2012

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

Suggested Citation

Davis, Benjamin, 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 (September 24, 2012). University of Toledo Legal Studies Research Paper No. 2012-24, Available at SSRN: https://ssrn.com/abstract=2151873 or http://dx.doi.org/10.2139/ssrn.2151873

Benjamin Davis (Contact Author)

University of Toledo College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States

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