Last week, a noteworthy argument took place in the Supreme Court with attorneys for Donald Trump advocating for presidential power that seemingly surpasses its constitutional boundaries. It has raised concerns among many observers who believe that these arguments prioritize political goals over constitutional interpretation. More details on the Thursday event here.
Specifically, John Sauer, a lawyer for MAGA, has been subjected to scrutiny for his use of a historic quote. He cited a statement by one of America’s founding fathers, Ben Franklin, which, according to him, supports the notion of unlimited presidential power. Further details on the right-wing legal approach can be found here.
However, historian Holly Brewer, a member of the Brennan Center for Justice’s Historians Council on the Constitution, has disputed Sauer’s interpretation. In a series of tweets, Brewer elaborated on the historical context of the quote and countered Sauer’s claims. A complete outline of Brewer’s arguments can be found on her Twitter.
The contested quote by Franklin is: “History furnishes one example only of a first Magistrate being formally brought to public Justice. Every body cried out agst. this as unconstitutional.” According to Brewer, this was in reference to the trial and execution of King Charles I of England. Furthermore, she argued that Franklin’s words have been distorted by Trump’s attorneys.
A point to note is that Franklin was cautioning against the unchecked power of a “first magistrate”, arguing the designation of trials as illegal could lead to dire consequences. Franklin was indeed a believer in due legal process, advocating for the provision constitutionally for the orderly punishment of an executive involved in misconduct. Brewer’s explanation of the Franklin quote here.
Brewer also highlighted the potential dangers of misinterpreting Franklin’s quote before the Supreme Court, asserting that such actions could indeed pave the way to monarchy-like governance that Franklin himself opposed. You can read more about Franklin’s views here.
With the legal arguments made in the Supreme Court last Thursday raising questions about constitutional integrity, many including Benjamin Franklin would indeed be horrified.