Question

In: Economics

Are the President and his/her supporters, staff and family above the law? Should a President be...

Are the President and his/her supporters, staff and family above the law? Should a President be able to remove/fire government employees doing their job if that job is investigating the President or allies? Use at least 300 words

Solutions

Expert Solution

· Nobody, whether the President and his/her supporters, staff and family is above the law, since providing immunity violates the fundamental principle that nobody is above the law.

· It must be kept in mind that the Constitution has no provision regarding Presidential immunity. However, the Supreme Court has ruled that the President does have absolute immunity from liability with regard to civil damages based on his official acts but is not immune from criminal charges (official or unofficial acts) while being in his office (Nixon v. Fitzgerald).

· But the staff of the president is not immune in any case. In Clinton v. Jones case court stated that president was not immune from civil actions as well based on his unofficial conduct despite holding the unique position in the constitution.

· President shouldn’t be able to remove/fire government employees doing their job if that job is investigating the President or allies. Because doing so will jeopardize the process of investigation altogether.

· President Ronald Reagan, President Barack Obama have done this in the past and now President Trump has repeated the same but he has used these powers more than any one has done so far.

· And it appears Congress can do little about these firings. Being able to fire anyone seen as a potential threat without opposition or check is something disastrous and can have serious consequences for the security of the people or for the country as a whole.   


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